The facts in brief are that the petitioner Sajid Iqbal, who was employed in the Pakistan Air Force as a Corporal Technician, was tried by the Field General Court Martial Air Headquarters Northern Area Command, PAF and was on 28.3.2008 convicted of offences under Section 71 of the Pakistan Air Force Act, 1953. Upon his conviction, the petitioner was dismissed from service and was also sentenced to suffer rigorous imprisonment in a civil prison for six years along with a fine of Rs,3000/-.
2. Through this petition,' the petitioner, who is presently confined in Central Jail, Rawalpindi, seeks to avail the benefit of 382-B of Cr.P.C. and prays that the period of his detention prior to the sentence be counted as per the settled law. Reliance is placed on PLD 2010 Federal Shariat Court as well as on PLD 1991 S.C. 1065, PLD 1992 SC 11, 1997 SCM R 55, PLD 1995 SC 152, 1998 SCM R 1539 and 2001 SCM R 416.
3. I agree with the learned counsel for the petitioner that it is settled law that the benefit of Section 382-B Cr.P.C. must be given to a convict and the pre-sentence period spent by him in jail must be taken into account. I see no reason as to why such benefit should be denied to an ex-employee of the Pakistan Air Force, who was convicted under the Pakistan Air Force Act, 1953.
4. For what has been discussed above, this petition is allowed with the direction that the petitioner's sentence of six years be reckoned from the day of his arrest by taking into account the pre- sentence period, if any, served by him in detention or jail.