- —rule 53(d), parimateria provision of section 382-B Cr.P.C—benefit of both provisions— of time spent behind bars during trial—at time of awarding sentence—to convict accused—consideration of both provisions is mandatory—but extension of benefit is not mandatory—a bare reading of both the statutory provisions shows that consideration of section 53(d) of Pakistan Army Act Rules, and section 382-B Cr. P.C., is although necessary while awarding the sentence but extension of its benefit is not mandatory. It does not mean by the consideration that the Court has no choice and its hands are fettered and it must exclude such period from the substantive sentence which the convict has spent in the custody as an under trial prisoner. The Field General Court Martial & another vs Khani Zaman & others 2018 SCR 1037 (A)
error: Content is protected !!