| Case ID |
2b0550dc-a3cc-40ed-bae6-b909540e5561 |
| Body |
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| Case Number |
Criminal Appeal No.423 of 2005 |
| Decision Date |
Jun 23, 2006 |
| Hearing Date |
|
| Decision |
The learned counsel for the appellant does not press this appeal on merits. However, the question of granting or otherwise of the benefit of section 382-B, Cr.P.C., was not considered by the High Court. The learned counsel for the State has no objection if the benefit of section 382-B, Cr.P.C. is granted to the appellant in view of the facts and circumstances of the case. After hearing the learned counsel for the parties, this criminal appeal is partly allowed. The conviction and the substantive sentence of the appellant as awarded by the trial Court is maintained. However, the appellant is granted benefit of section 382-B, Cr.P.C. for the period he remained in jail. |
| Summary |
This case revolves around the application of section 382-B of the Criminal Procedure Code in the context of a criminal appeal. The Supreme Court of Pakistan addressed the question of whether the benefit under this section was appropriately considered by the Lahore High Court. The appellant, represented by M. Zaman Bhatti, Advocate, sought the benefit of this provision, which allows for the reduction of sentence for periods spent in custody. The State, represented by G.N. Gohar, Advocate, did not oppose this benefit. The court ultimately decided to grant the appellant the benefit for the time spent in jail while upholding the conviction and substantive sentence from the trial court. This decision underscores the importance of procedural fairness and the rights of the accused under the law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
FAQIR MUHAMMAD KHOKHAR,
M. JAVED BUTTAR,
SYED JAMSHED ALI
|
| Lawyers |
M. Zaman Bhatti, Advocate Supreme Court for Appellant,
G.N. Gohar, Advocate Supreme Court for the State
|
| Petitioners |
RAB NAWAZ
|
| Respondents |
THE STATE
|
| Citations |
2006 SLD 2788,
2006 SCMR 1777
|
| Other Citations |
Ghulam Murtaza v. The State PLD 1998 SC 152
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Penal Code (XLV of 1860)
|
| Sections |
382-B,
302
|