ORDER SHEET
IN THE HIGH COURT OF
SINDH, BENCH AT SUKKUR
Cr. Misc. Appln. No.D- 657 of 2018
1.
For orders on office
objection at flag ‘A’
2.
For hearing
of main case
24.01.2019
Mr. Hadi
Bux Bhatt, Advocate for the Applicant
Mr. Abdul Rehman
Kolachi, DPG for the State
>>>>>>>…<<<<<<<<
Irshad Ali Shah, J;- The facts in brief necessary for disposal of
instant criminal miscellaneous application u/s 561-A Cr.P.C
are that the applicant on having been found guilty for an offence punishable
under sections 365-A, 324, 353, 147, 149 PPC arising out of FIR Crime
No.14/1999 of Police Station Andal Sundrani was convicted and sentenced by Judge,
Anti-Terrorism Court Sukkur and Larkana
vide judgment dated 08.12.2003. It was maintained upto
the stage of Honourable Supreme Court of Pakistan. The applicant when was
undergoing the above said conviction and sentence carried a feeling that his
date of arrest in the present case as is shown by the police to be 10.06.2002
is incorrect. By carrying such feeling he moved a miscellaneous application
before leaned trial Court for grant of relief u/s 382-B Cr.P.C
from the date of his actual arrest. It was dismissed by learned trial Court by order
dated 02.03.2018, which the applicant has impugned before this Court by way of
instant criminal miscellaneous application, as stated above.
2. It is contended by learned counsel for
the applicant that the applicant was actually arrested by police on 29.02.2000
in some other case but his arrest in the present case was shown on 10.06.2002 malafidely only to deprive the applicant of legitimate
benefit of section 382-B Cr.P.C. By contending so, he
sought for direction against the jail authorities to calculate the period of
detention of the applicant from 29.02.2000, which was the date of his arrest in
some other case.
3. Learned
DPG for the State has sought for dismissal of instant criminal miscellaneous
application by contending that the presumption which the applicant is carrying
is unfounded and baseless.
4. We
have considered the above arguments and perused the record.
5. Section 382-B Cr.P.C reads as under;
“Where a court decide to pass a sentence of
imprisonment on an accused for an offence it [shall] take into consideration
the period, if any, during which such accused was detained in custody for such
offence.”
6. Admittedly the applicant was
arrested by the police in the instant case on 10.06.2002,
he as such could not be permitted to take the benefit of the custody for which
he was detained in some other offence. If such benefit is awarded to the
applicant then it would be against the spirit of Section 382-B Cr.P.C. In that situation, it is rightly being contended by
learned DPG that the presumption with the applicant is unfounded and baseless.
7. In
view of above, the instant Criminal Miscellaneous Application is dismissed.
Judge
Judge
ARBROHI