Law: Good Conduct Prisoners Probational Release Act, 1926

Section: 2

Law: Criminal Procedure Code (V of 1898)

Section: 401

(a) Good Conduct Prisoners Probational Release Act (X of 1926)--- ----S. 2---Release of prisoner on probation---Petitioner was complainant of a case in which respondents accused of committing murder were finally convicted and sentenced to imprisonment for life---Authorities approved said respondents to be released on probation under S.2 of Good Conduct Prisoners Probational Release Act, 1926 after fulfilling of all conditions required under law---Validity---Petitioner failed to point out even a single instance showing that order passed by authorities in favour of respondents was without serving out mandatory period of substantive sentence as required under Good Conduct Prisoners Probational Release Act, 1926 and rules framed thereunder---High Court declined to interfere in order passed by the authorities---Constitutional petition was dismissed in circumstances. (b) Probation of Offenders Ordinance (XLV of 1960)--- ----S. 3---Good Conduct Prisoners Probational Release Act (X of 1926), S. 2---Criminal Procedure Code (V of 1898), S.401---"Release on parole/probation" and "suspending/remitting of sentence of prisoner"---Distinction---Probation is given to an offender by judiciary under Probation of Offenders Ordinance, 1960---Whereas parole is authorized to executive under S.2 of Good Conduct Prisoners Probational Release Act, 1926---"Probation" and "parole" both serve purpose of rehabilitation and reintegration of offenders---Provisions of S.401, Cr.P.C., relate to power of Provincial Government to suspend or remit sentence awarded to an offender. THIS ORDER PASSED BY: ASJAD JAVAID GHURAL, JUSTICE:---.--- Though this constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, petitioner Muhammad Ismaeel has challenged the legality and propriety of order No.SO (R P) 4-5/2008 (P-II) 5273, Government of the Punjab, Home Department dated Lahore the 11th of July, 2013 whereby respondents Nos.5 and 6 along with other condemned prisoners were accorded conditional release on parole. 2. Succinctly, facts necessary for disposal of instant constitutional petition are that respondents Nos.4 and 5 had been convicted and sentenced…

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