MAZHAR HOSSAIN BHUIYA vs THE PROVINCE OF EAST PAKISTAN AND ANWHER — 1970 PLD 397

Citation: 1970 PLD 397

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-06-23

Parties: MAZHAR HOSSAIN BHUIYA vs THE PROVINCE OF EAST PAKISTAN AND ANWHER

Headnotes

Case cited as PLD 1970 Supreme Court 397

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Sajjad Ahmad Jan Title: MAZHAR HOSSAIN BHUIYA vs THE PROVINCE OF EAST PAKISTAN AND ANWHER Case No.: Petition for Special Leave to Appeal No. 31-D of 1970 Date of Judgment:1970-06-23 Reported As: PLD 1970 Supreme Court 397 Result: Order accordingly Judgment ORDER SAJJAD AHMAD, J.-This petition for special leave arises out of an application under section 491, of the Code of Criminal Procedure moved by toe petitioner Mazhar Hussain Bhuiya in the High Court at Dacca calling in question the continued detention of his relative and friend Hussain A.I who was lodged in the Central Jail, Dacca, as a convict under section 302 of the Pakistan Penal Code. It was alleged in the petition under section 491, of the Code of Criminal Procedure filed on the 24th March 1970, that the aforesaid Hossain A.I, who was convicted on the 15th August 1959, under section 302/34 of the Penal Code and sentenced to transportation for life, had served the sentence of imprisonment for about ten years and 6 months in jail at the time of the filing of the petition and that during this period he had earned a remission of 1201 days under the Jail Code and of another remission of 1200 days by the orders of the Provincial Government under section 401 of the Code of Criminal Procedure, and that adding the period of remissions to the substantive sentence of imprisonment already undergone, his imprisonment has already exceeded more than 17 years.…

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