- Section 382-B — Cr.P.C. — discretion of the Court — According to the statutory developments, initially consideration of benefit of section 382-B, Cr.P.C., was discretion of the Court. Subsequently, through an amendment substitution of the word “may” with the word “shall”, the consideration of this benefit has become mandatory. Sain Muhammad & others v. The State & another 2015 SCR 339 (B)
- Held: according to the principle of law enunciated by Courts it has been unanimously opined that consideration is mandatory but extension of benefit is not mandatory. Sain Muhammad & others v. The State & another 2015 SCR 339 (C) PLD 2010 FSC 1 rel.
- Held: not extending the benefit of section 382-B, in some cases, it will be unjust and amount to force the person to serve the punishment more than the maximum legal punishment. Sain Muhammad & others v. The State & another 2015 SCR 339 (F)
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