' RAJA AFRASIAB KHAN, J.--- Muhammad Aslam Dogar and 19 others were tried by the learned Additional Sessions Judge, Sahiwal in a case registered against them under section 302/148/149, P.P.C. The learned trial Judge convicted the appellants, Muhammad Mansha and .10 others (Criminal Appeal No,208 of 1985) and Muhammad Hussain and 4 others (Criminal Appeal No,211 of 1985) on 24-11-1985. However, Barkat Ali, Meraj Din and Muhammad Ishaque were acquitted vide the same judgment. Muhammad Hussain, and Haji Muhammad were sentenced to death while Shah Bahram and Muhammad Sarwar were sentenced to imprisonment for life. The above- referred appeals of the convicts were dismissed by a learned Division Bench of this Court on 5-3- 1989 and in consequence, the death sentences awarded to Muhammad Hussain and Haji Muhammad were confirmed. The convicts further challenged their conviction and sentences before the Honourable Supreme Court of Pakistan by filing Criminal Appeal No,227 of 1990 and Criminal Appeal No,228 of 1990. The appeals were dismissed having no force. Nevertheless, an observation was made by the Honourable Supreme Court in its judgment dated 14-4-1994 that:- "From the jail appeal, it appears that the sentence of death has been commuted to life imprisonment on account of Presidential Order of Amnesty."
2. This Criminal Miscellaneous No,121/M of 1994 has been moved by the petitioners, Muhammad Hussain, Shah Behram, Muhammad Sarwar and Haji Muhammad, for grant of relief under section 382-B, Cr.P.C. The learned State counsel does not oppose the relief asked for by the petitioners in these proceedings. In support of his plea, the learned counsel has relied upon Abdul Malik v. The State 1991 SCMR 270. In the referred case, benefit under section 382-B, Cr.P.C. Was allowed to the convicts by the learned Supreme Court in almost under similar circumstances. This being so, respectfully following the judgment of the Honourable Supreme Court, referred to above, benefit under section 382-B, Cr.P.C. Shall be given to the petitioners as well. With this observation, the criminal miscellaneous application is allowed.