' The petitioners were convicted under section 324/34, P.P.C. By Sh. Siraj-ud-Din, Magistrate Section 30, Faisalabad, vide order, dated 3-4-1982. Arif Hussain and Sabir Hussain were sentenced to two years' rigorous imprisonment and a fine of Rs,500 each and in default of payment of fine to undergo two months' rigorous imprisonment, while Babu Khan petitioner was awarded six months' simple imprisonment and was required to pay a fine of Rs,500 and in default of payment of fine to further undergo two months' simple imprisonment.
2. Petitioners' appeal against the order of conviction was dismissed by the learned Sessions Judge, Faisalabad on 16-7-1984 and the revision petition filed by them in this Court was also rejected on 16-8-1984. The petitioners have moved this Court under section 561-A, Cr.P.C. Praying that the period during which the petitioners remained in judicial custody during the trial should be taken into account while computing the period of imprisonment which they have to undergo vide order, dated 3-4-1982 passed by the learned trial Magistrate as the said period has not been taken into consideration either by the trial Magistrate at the time of awarding sentence to them or by the appellate Court while dismissing their appeal. Even this Court omitted to issue direction to the jail authorities to take into account the period in question while computing the period for which the petitioners have to remain in the jail.
3. Learned counsel for the petitioners has stated that since Babu Khan petitioner has already been released from the jail after undergoing the sentence of imprisonment awarded to him, he would not press the present petition in so far as Babu Khan petitioner is concerned.
4. Learned counsel, who has appeared on behalf of the State in pursuance of a notice issued by the Court, has opposed the petitioner's prayer on the ground that after disposal of their revision petition, they are not entitled to move the Court to seek any relief under section 561-A, Cr.P.C. In the matter of computation of the sentence of imprisonment awarded to them. Learned counsel for the petitioners has referred to a recent decision of the Full Bench of this Court in the case of Zulfiqar Ali v. The State PLD 1984 Lah. 461 in which it has been held that the High Court has inherent powers to grant relief under section 382-B, Cr.P.C. In cases where it had earlier omitted to take notice of the provisions of section 382-B, Cr.P.C. This squarely meets the objection raised by learned counsel for the State. Arif Hussain and Shabbir Hussain petitioners, who are undergoing sentence of imprisonment awarded to them by the learned trial Magistrate on 3-4-1982, are entitled to the relief sought by them in the present petition. A direction shall accordingly be issued to the jail authorities to tai:e into account the period of petitioner's detention in custody during the trial while determining the period of imprisonment which they have to undergo under order, dated 3-4-1982.