Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 426---Nationai Accountability Bureau Ordinance (XVIII of 1999) Preamble---Constitution of Pakistan (1973), Art. 45---Suspension of sentence---Remissions recorded in the Jail Roll of the accused were based on the orders of the President while exercising his prerogative under Art.45 of the Constitution---Only that Government Functionary which had issued the original remission had the power to withdraw or cancel the same and consequently the remission already earned by the accused could not be withdrawn or cancelled on a mere letter written by the Ministry of Interior, Government of Pakistan to the Provincial Home Department---Even otherwise, such letter was not an order given under any sanction of law, but a mere directive to the Provincial Government not to recommend the cases of those persons who had been convicted under the NAB Ordinance for the purpose of remission etc. and the same could not in any case operate to cancel the accused's remission---Accused had served out the major portion of his sentence, viz. 7 years and 8 months and now a balance of only 2 years and 4 months was left---Main application was to take sometime before it was decided---Accused was also suffering from various per his medical history---Sentence of accused 'was suspended in circumstances. Lt.-Col.G.L. Bhattacharya v. The State PLD 1963 Dacca 422; Farid Khan v. The State PLD 1965 Pesh. 31; Air Marshal (Retd.) Waqar Azeem v. The State Criminal Appeal No. 1682 of 2000; Fida Hussain v. The State PLD 2002 SC 46; Muhammad Afzal v. Home Secretary, Government of Sindh PLD 1989 Kar. 7 and Lt.-Col. G.L. Bhattacharya v. The State PLD 1964 SC 503 ref. ORDER SARMAD JALAL OSMANY, J.--Miscellaneous Applications Nos.524 and 525 of 2001 as well as Miscellaneous Application No.5 of 2002 have been filed by the appellant for suspension of his sentence, which was awarded to him vide the impugned judgment viz. R.I. for 8 (eight) years and a fine of Rs.I50 million in default whereof the appellant was. to undergo simple imprisonment for two years more. In M.A. No.230 of 2002 it has been prayed that as the appellant is seriously ill he may be hospitalized.…

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