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Petitioner: MUHAMMAD ABBAS VS Respondent: THE STATEHonorable Justice Afrasiab KhanMunir Ahmad Bhatti,Najmuz Zaman
1988 M L D 1809
1988 M L D 1809
[Lahore]
Before Afrasiab Khan, J
MUHAMMAD ABBAS‑‑Petitioner
versus
THE STATE‑‑Respondent
Criminal Miscellaneous No. 83/M of 1988 and Criminal Appeal No. 856 of 1980, decided on 3rd February, 1988.
Criminal Procedure Code (V of 1898)‑----
‑‑‑S.382‑B‑‑Sentence, commutation of‑‑Period of about 2 years for which accused convict served as undertrial prisoner allowed to be deducted from sentence awarded to him.
Munir Ahmad Bhatti for Applicant.
Najmuz Zaman, Assistant A: G. for the State.
ORDER
The applicant Muhammad Abbas has moved this application under section 561‑A, Cr.P.C. praying therein that the period for which he has served as under trial prisoner with effect from 20‑8‑1978 to 4‑8‑1980, be considered and deducted from the sentence awarded to him.
2. A notice of the application was sent to the State and in compliance thereof, Mr. Najamuz Zaman, learned Assistant Advocate‑General is present. He submitted that concession of section 382‑B, Cr.P.C. can be allowed and there is no legal bar in the way of allowing such a concession to the applicant. It may be observed that when the main Criminal Appeal was heard and disposed of vide my judgment dated 22‑2-1987, no such request on behalf of the applicant was made. I have heard learned counsel for the parties and have perused the record.
Accordingly, the above Criminal Miscellaneous is allowed and direction is issued , to the Jail authorities to give the benefit of section 382‑B, Cr.P.C. to the a applicant.
S.G.D./M‑568/1 Order accordingly.