2023 MLD 1545

382 - B , Cr.P.C.
Period of detention to be considered while awarding sentence of imprisonment --- Accused was charged for committing murder of the deceased --- Section 382 - B , Cr.P.C. , was added by the Law Reforms Ordinance , 1972 --- Word " shall " was substituted for the word " may " by the Code of Criminal Procedure ( Second Amendment ) Ordinance ( Ordinance No. LXXI of 1979 ) --- Said substitution by the word ' shall ' mean that this provision was mandatory and it was obligatory on the Courts to give this benefit to the accused who was awarded the sentence of imprisonment --- Said benefit was also available to a person who was awarded death sentence by the Trial Court but subsequently the same was reduced --- Legal valuable right had been conferred upon the accused after the amendment of S. 382 - B , Cr.P.C. , and that right could not be ignored or refused --- Object of granting the benefit under S. 382 - B , Cr.P.C. , was to compensate the accused for the unnecessary delay that had been caused in the commencement and the conclusion of his trial --- Thus , the Courts must take into consideration the period the accused spent in jail prior to his conviction --- Therefore , present accused , after the sentence of death awarded to him under S. 302 ( b ) , P.P.C. , was set aside and the he was convicted under S. 302 ( c ) , P.P.C. and sentenced to rigorous imprisonment for fifteen years , was entitled to get the benefit provided under S. 382 - B of the Code of Criminal Procedure , 1898 , from High Court --- Court did not consider the aspect of extending or not extending the benefit provided under S. 382 - B of the Code of Criminal Procedure , 1898 , to the accused while awarding him sentence of imprisonment --- Thus , by invoking the inherent power under S. 561 - A , Cr.P.C. , petition was allowed and accused was declared entitled to the benefit under S. 382 - B of the Code of Criminal Procedure , 1898.