' The petitioner Jiwan Khan alongwith Godha, Jan Muhammad, Abdul Shakoor and Ahmad Din was tried by the learned Additional Sessions Judge-III, Rahimyar Khan, on a charge under section 302/148/149, P.P.C. Vide F.I.R. No,11 of 1985, dated 12-1-1985, registered with Police Station Zahirpir, District Rahimyar Khan, for the murder of Abdul Karim. Vide judgment, dated 7-8-1986, the learned trial Judge convicted all the accused under section 302, P.P.C. Petitioner Jiwan Khan was sentenced to death under section 302, P.P.C. And a fine of Rs,5,000 or in default thereof R.I. For two years, whereas his co-accused were sentenced to imprisonment for life under section 302, P.P.C. With a fine of Rs,5,000 each or in default thereof R.I. For two years each. All the accused, including the petitioner, were further convicted and sentenced under section 148, P.P.C. To undergo R.I. For two years each and a fine of Rs,500 each or in default thereof to suffer R.I. For three months each. The appeal filed by the convicts and the murder reference were heard and decided by Mr. Justice Muhammad Munir Khan and Mr, Justice Sardar Muhammad Dogar, JJ., who, vide judgment, dated 11-6-1988, acquitted Jan Muhammad and Ahmad Din. The present petitioner Jiwan Khan alongwith Godha and Abdul Shakoor were also acquitted under section 148, P.P.C. The sentence of death awarded to Jiwan Khan was converted to imprisonment for life. The sentence awarded to Godha and Abdul Shakoor was, however, maintained. Both of them were granted benefit of section 382-B, Cr.P.C., whereas this concession was not extended to the present petitioner.
2. The petitioner has moved instant application with the prayer that benefit of section 382-B, Cr.P.C.
Be extended to him, to which he is entitled under the law.
3. Learned counsel for the petitioner has relied upon Liaqat Ali v. The State PLD 1995 SC 485, Amjad and others v. The State 1992 SCM R 2072 and Qadir and another v. The State PLD 1991 SC 1065 and has submitted that it was mandatory on the part of this Court, while passing order, dated 11-6-1988, to extend benefit of section 382-B, Cr.P.C. To the petitioner.
4. The learned State Counsel has conceded to this legal proposition advanced by the learned counsel for the petitioner.
5. Admittedly, the learned trial Court, while passing order of conviction against Godha and Abdul Shakoor, co-accused of the petitioner, extended them benefit of section 382-B, Cr.P.C. And the same benefit has been retained by this Court while passing order, dated 11-6-1988. The trial Court convicted the petitioner Jiwan Khan under section 302, P.P.C. And sentenced him to death and a fine of Rs,5,000. The said sentence has been converted to life imprisonment by this Court vide judgment, dated 11-6-1988. However,, while passing order, dated 11-6-1988, this Court did not extend benefit of section 382-B, Cr.P.C. To the present petitioner. It has been observed by their Lordships in Liaqat Ali's case PLD 1995 SC 485, supra that "it is quite clear from the language of section 382-B, Cr.P.C. That while passing sentence of imprisonment on an accused for an offence, the trial Court is bound to take into consideration. The period, if any, during which the accused was detained in custody for such offence". Similar view have also been taken in the other authorities referred above.
6. In the present ease, we find that the learned Judges of this Court, while passing order, dated 11- 6-1988, did not point out any circumstance which would justify the denial of extension of benefit of section 382-B, Cr.P.C. To the petitioner.
7. In the circumstances discussed above, we hold that the petitioner is entitled to the benefit of section 382-B, Cr.P.C. Accordingly, petition is accepted and the petitioner is extended benefit of section 382-B, Cr.P.C. The Jail Authorities are directed to make necessary computation in this behalf without any further delay.