' MIAN ALLAH NAWAZ, J.---Khalil Ahmad was tried for the murder of Mst. Kaneez Mai (deceased) and was convicted under section 302, P.P.C. To sentence of death plus fine. This happened vide a judgment rendered by the learned Sessions Judge, Bahawalpur dated 7-8-1986. Feeling aggrieved from this decision, Khalil Ahmad (herein applicant) preferred appeal which was accepted to the extent of sentence. The Division Bench of this Court, vide its decision dated 14-2-1988 maintained the conviction of the applicant under section 302, P.P.C. But reduced his sentence from capital punishment of life imprisonment. No order was passed regarding the grant of benefit under section 382-B, Cr.P.C. This is how that this Criminal Miscellaneous has been moved from Jail by Khalil Ahmad under section 561-A, Cr.P.C.
2. Malik Farrukh Mehmood and Sardar Ahmad Khan, Advocates were called upon to assist the Court, as amicus curiae, as to whether this Court was competent under section 561-A, Cr.P.C. To grant benefit of section 382-B, Cr.P.C. To the applicant. Malik Farrukh Mehmood, Advocate, led the arguments. He relied upon Ramzan and 3 others v. The State PLD 1992 SC 11 to contend that section 382-B, Cr.P.C. Was mandatory in nature; that this Court was fully competent to grant benefit under inherent jurisdiction of this Court under section 561-A of Cr.P.C. He cited Zulfiqar Ali v. The State PLD 1984 Lah. 461, Liaqat Ali v. The State 1991 PCr.LJ 1721, Munir Hussain v. The State 1984 PCr.LJ 2439 and Hayat v. The State 1985 PCr.LJ 1353 in support of his submission. Mr. S.M. Rizvi, AA.-G. And Sardar Ahmad Khan, Advocate, adopted the line of arguments of Malik Farrukh Mehmood, Advocate.
3. After hearing the learned counsel appearing as amicus curiae and the learned, AA.-G. On behalf of the State, we find considerable force in this criminal miscellaneous. In Liaqat Ali's case 1991 PCr.LJ 1721 the benefit of section 382-B, Cr.P.C. Was allowed to the convicts under section 561-A, Cr.P.C. It was observed therein that such order was neither an alteration in the judgment nor was review of the same and was passed to give effect to mandatory provisions of law.
4. Guided by the above principles, we find that application must succeed. In result, we allow this application and grant benefit of section 382-B, Cr.P.C. To the applicant. The Jail Authorities are directed to make necessary computation in this behalf.