1. SAJJAD ALI SHAH. J.-This is an application under section 382-B, Cr. P. C. Read with section 561-A.
2. Cr. P. C. Filed by the applicant, in which a prayer is made for benefit of section 382-B, Cr. P. C. That the period undergone by the accused as under trial-prisoner, should be consider--ed as part of the substantive sentence. We are of the view that in the instant case section 382-B, Cr. P C. Does not apply for the reason that the trial Court had convicted and sentenced the applicant t o death and that the death sentence had been confirmed by the High Court. Against the judgment of the High Court and no appeal had been filed in the Supreme Court. 1n the circumstances both the Courts that in Sessions Court as well as High Court have maintained sentence of death, which is not reduced to life imprisonment. In the circumstances the language of section 382-B, Cr. P. C.
3. Clearly shows that the benefit contemplated under it can be given only when the Court decides to pass a sentence of imprisonment. The words "sentence of imprisonment" have ample legal import.
4. It appears that there is no sentence of imprisonment but there is only sentence of death which has not been reduced to sentence of imprisonment benefit under section 382-B, Cr. P. C. Cannot be invoked.
5. Mr. Hassan Inamullah has stated that in the instant case death sentence has been reduced not by the Court but by the Government by way of general amnesty and the Petitioner is entitled to benefit under section 382-B, Cr. P. C. We are afraid, we find the contention of, the learned counsel as untenable. Section 382-B, Cr. P. C. Will apply only when the sentence of imprisonment is awarded by the trial Court or, sentence of death is reduced by High Court or Supreme Court or sentence of imprisonment is maintained by the Courts mentioned above. In the instant case sentence of death was awarded by the Sessions Court and the same was confirmed by the High Court, and was not reduced to sentence of imprisonment for life. In this regard powers of the Courts are limited as specifically defined in section 382-B, Cr. P. C. For such reasons application is dismissed.