' RUSTAM S. SIDHWA, J.-- Learned counsel for the petitioner has filed the photostat uncertified copy of the judgment of the Supreme Court in Cr.P.S.L.A. No,13/1975.
2. This is a miscellaneous petition under section 561-A, Cr.P.C. By Ismail alias Smail and two other petitioners, for the grant of benefit of the provisions of section 382-B, Cr. P.C. To their sentences.
3. The petitioners alongwith Manzoor son of Bacha were convicted by the learned Sessions Judge, Dera Ghazi Khan, vide his order dated 25-14-1973, in case F.I.R. No,44, dated 23-4-1972 of Police Station Dajal, District Dera Ghazi Khan and sentenced as under:- Petitioner No, 1 was awarded death sentence under section 302/34, P.P.C. While other petitioners alongwith Manzoor co-accused were sentenced to imprisonment for life. All the petitioners as well as the co-convict were fined Rs, 500 each or in default one year R.I. All the petitioners were sentenced under section 352/34, P.P.C. To two years' R.I. And a fine of Rs,200 each or in default four months' R.I. All the appellants before High Court were also sentenced under section 325/314, P.P.C. To two years' R.I. And a fine of Rs,200 each or in default thereof four months' R. I. They were also sentenced to one year's R. I. Each under section 3214/34, P.P.C. And a fine of Rs,50 each or in default one month's R.I. Each. A Division Bench of this Honourable Court vide its judgment, dated 8-10-1974 in Criminal Appeal No,315 of 1973 and Murder Reference No,86 of 1973 accepted the appeal to the extent of Manzoor co-convict while the appeal of the petitioners was dismissed and the death sentence awarded to petitioners No,1 was confirmed. The special leave to appeal filed by the petitioners before the Supreme Court of Pakistan also met the same fate. However, the mercy petition filed by petitioner No,1 before the President of Pakistan was accepted and his sentence of death was commuted to that of life imprisonment.
4. When deciding the appeal, the Division Bench of this Court inadvertently did not grant the benefit of the provisions of section 382-8, Cr.P.C. To the case of the petitioners. The said benefit is being claimed for all the three petitioners including Ismail alias Smail, petitioner No,1, whose death sentence was commuted to that imprisonment by the President of Pakistan vide his order, dated 18-1-1977.
5.So far as Faqira and Ilahi Bakhsh, petitioners Nos.2 and 3 are concerned, they shall be granted the benefit of section 382-B, Cr.P.C. So far as Ismail alias Smail, petitioner No,1 is concerned, subject to the jbil Authorities finding the commutation of his sentence legal and proper, the benefit of section 382-B, Cr.P.C. Shall also be granted to him, as the said benefit is available even where the President or a Governor commutes a death sentence, as held by this Court in Criminal Miscellzineous 95-M of 1975 decided by Sardar Muhammad lqbal C.J. On 18-1-1977. This petition stands disposed of accordingly.