1. ' MUHAMMAD ASHRAF LEGHARI, J.--- The application is moved for seeking directions of the Court, to the office, for receiving Constitutional petition, wherein the prayer of the petitioner is to the effect that his son (convict) Muhammad Bachal be granted benefit of section 382-B, Cr.P.C.
2. ' By consent we have allowed the application and taken the main Constitution petition to pass final order as very short point is involved.
3. ' The petitioner Muhammad Saleh through this petition has sought the following relief:--
(a) To declare that the convict Muhammad Bachal son of the petitioner has completed his tenure of imprisonment awarded to him by this Honourable Court in Crimes Nos.205 of 1997 and 16 of 1998 of Police Station Kandh Kot, District Jacobabad, therefore, entitled to his release from jail.
(b) The respondent No,2, be directed to release the convict Muhammad Bachal (son of the petitioner) from jail as his detention in jail is unlawful under the law, since he has completed his tenure of sentence.
(c) Any other relief be granted to the petitioner, which this Honourable Court deems fit and proper according to the circumstances of the case.
4. ' The facts briefly stated are that Muhammad Bachal the son of petitioner was tried in an offence under sections 392 and 302, P.P.C. And section 7 of Anti-Terrorism Act. 1997 read with section 412, P.P.C., and ultimately the accused was awarded sentence to suffer R.I. For life imprisonment under section 412, P.P.C. Only. He was acquitted of the charge under sections 302, 392 and 34, P.P.C. And section 7 of the Anti-Terrorism Act, 1997.
5. ' While hearing the appeal, we had dismissed the criminal appeal of appellant but modified the sentence from 412, P.P.C. To 411, P.P.C. And reduced it from life imprisonment to three years' R.I. And fine of Rs,20,000 in default of payment of fine he had to suffer additional R.I. For six months.
6. ' The present petition has been filed, wherein it is prayed that benefit of section 382-B, Cr.P.C. Be granted to the convict. The petitioner was convicted in two separate trials. The benefit of provisions of section 382-B, Cr.P.C. Has to run concurrently and may be counted from the date of his arrest.
7. ' Mr. Abdul Ghafoor Pirzada learned counsel appearing for the State has argued that the petitioner is entitled to the benefit of section 382-B, Cr.P.C.
8. We are of the opinion that the benefit of section 382-B, Cr.P.C. Is mandatory. The judicious discretion is always to be exercised in favour of A convict, unless it is not unjustified or causes harm to any other party.
9. ' Consequently, the petition is allowed. The jail authorities are directed to grant the benefit of section 382-B, Cr.P.C. To the son of petitioner.
10. ' It appears that when this petition was presented in the office it was not numbered under the imprison that first C.M.A. No,1869 of 2000, is to be decided. The office is hereby directed to enter and number the petition accordingly.