1. JUDGMENT RAJA AFRAS1AB KHAN, J.- Muhammad Aslam Dogar and 19 others were tried by--the learned Additional Sessions Judge,.
2. Sahiwal .In a case registered against .Them under sections 302/148/149 P.P.C. The learned trial Judge convicted the appellants. .Muhammad. Marnha .And 10 others (Cr.A, No. 208 of 1985) and Muhammad Hussan & 4. Others (Cr.A.No. 211 of 1985) on 24.11.1985. However. Barktti \Ali. Meraj Din and Muhammad Ishaque were acquitted vide the same judgment/ Muhammad Hussan, and Haji Muhammad were sentenced to death while Shah Bahrain and Muhammad Sarwar were sentenced to imprisonment for life. The abme-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 Hussan and Haji Muhammad were confirmed. -The convicts further challenged their conviction and sentences before the Honorables Supreme Court of Pakistan by film Cr.A.No. 227 of 1990 and Cr.A.No.228/90. The appeals Were dismissed having no force.
3. Nevertheless, an observation was made by the Honorables 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 the Presidential Order of Amnesty."
2. This Cr. Misc. No. 121/M-I994 has been moved by the petitioners. Muhammad Hussan, Shah Bahrain, Muhammad Sanva. And Haji Muhammad, tor grant of relief under section 382-B Cr.P.C.
4. 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 SCM R 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.
5. Respectfully following the judgment of the Honorables 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.