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

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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