' SHAFIUR RAHMAN, J.--The petitioner/applicant convicted under section 302, P.P.C. And sentenced to death, which sentence stands converted to life imprisonment, has moved from the Jail a Petition seeking benefit of section 382-B of the Criminal Procedure Code.
2. The petitioner/applicant claims to have remained in prison as an undertrial from 11th of January, 1982 to 7th of January, 1984. He was convicted and his sentence of death confirmed by the High Court on 3rd of November, 1987. He sought leave to appeal against the judgment of the High Court by the Criminal Petition No,385 of 1987 and leave to appeal was refused to him on the 9th of April, 1989. The sentence of death thereby remained intact.
3. It appears from the petition that subsequently the sentence of death awarded by the Courts was commuted to life imprisonment which fact has prompted the petitioner/applicant to seek the concession available in certain cases under section 382-B of the Criminal Procedure Code.
4. After hearing the learned Advocate-General in the matter we find that this or such a petition is not competent. Section 382-B of the Criminal Procedure Code provides as hereunder:- "Where a Court decides to pass a sentence of imprisonment on an accused for an offence, it shall take into consideration the period, if any, during which such accused was detained in custody for such offence."
5. It comes into effect only when the Court passes a sentence of imprisonment on an accused. In the case of the petitioner/applicant the Court has not passed a sentence of imprisonment. Besides, this matter stands decided by this Court in Bashir and 3 others v. The State (PLD 1991 Supreme Court 1145 at 1163).
6. The Criminal Miscellaneous Petition is, therefore, dismissed. The petitioner/applicant be informed.