' CHAUDHRY IFTIKHAR HUSSAIN, J.---The learned counsel for the petitioner has filed certified copy of the judgment, dated 30-6-2008, recorded by Mr. Muhammad Shoaib Adeel, Magistrate Ist Class, Sialkot/trial Court.
2. Petitioner Yasin alias Bhutto through the instant petition has prayed for the grant of benefit to him of section 382-B, Cr.P.C.
3. The learned counsel for the petitioner has contended that it was mandatory upon the learned trial Court to consider the question of grant or otherwise of the benefit of the aforesaid section to the petitioner but the impugned judgment of the learned trial Court as well as the appellate Court show that no such consideration was made in the same and hence, it is within the jurisdiction of this Court under section 561-A, Cr.P.C. To grant him such benefit. In support of his such submission, he has relied upon the case of Gul Muhammad v. The State and another (2004 PCr.LJ (Lahore)
1802).
4. As against that, the learned DPG has contended that it was not mandatory upon the learned trial Court to have extended such benefit to the petitioner. He, however, has conceded that both the learned Courts below neither have extended such benefit to him :tor have said anything as regards the same.
5. I have carefully considered the submissions made by the parties and the copies of the record annexed to the petition gone into. Admittedly, the petitioner has not been given the benefit of section 382-B, Cr.P.C. The judgment of the learned trial Court and the appellate Court are before me. It has not been mentioned therein that if such aspect of the matter was attended to or considered at their ends.
6. This Court in the aforesaid case of Gul Muhammad v. The State and another (2004 PCr.LJ (Lahore) 1802), while referring to various judgments, has held that High Court has inherent jurisdiction to extend the benefit of the aforesaid provision of the Cr.P.C. To a convict when it has not been done so at the end of the learned trial Court. Hence, relying upon the same, I find that there is substance in this petition. The sam therefore, is allowed and the petitioner be extended the benefit of section 382-B, Cr.P.C., inasmuch as that the period of his detention as under-trial shall be counted towards his sentence.