Law:

Section:

Criminal Procedure Code (V of 1898) S. 401 read with Constitution of Pakistan (1973), Arts. 49, 104, 129, 135, 139, 180 & 260 and Rules of Business, Government of Sind¬ Suspension and remission of punishment Acting Chief Minister's order for release of convicts respondents under S. 401, Code of Criminal Procedure, 1898, held, unexceptionable and its recall by Government wholly untenable. [Sentence]. Shahbaz v. The State P L D 1956 S C (Pak.) 46 ; Lt: Col. G. Bhattacharia v. The State P L D 1964 S C 503 and Pakistan v. Muhammad Himayatullah P L D 1969 S C 407 ref. ORDER G. SAFDAR SHAH, J. These seven leave petitions are directed against the judgment of the Sind High Court, dated 30 4 1978 and arise in. the following circumstances On his visit t6 the Open Jail, Badin on 13 4 1976, Mr. Katpar, the then Acting Chief Minister of Sind, passed the following order : "The Superintendent, Open Jail, Badin, has submitted a list of 64 prisoners wherein recommended their premature release on the grounds of having served a large period of imprisonment and having earned remission earlier apart from good conduct. In this list there are some persons whose co accused have already been released in 1974, accordingly I order premature release of all the sixty four prisoners. In this view the rider is that those prisoners who have cleared fourteen years including remissions and have yet to clear six years more shall execute a bond of good conduct before Superintendent, Open Jail, Badin. In the case of prisoner Minhal at Serial No. 26 and prisoner Muhammad Bux at Serial No. 64 the unexpired sentence is Y. M. D./02 18 and Y. M. D./O. 8:27 respectively more than six years. As a special case the remaining portion of 2 months, 18 days and 8 months and 27 days is also granted. This disposes of case of 64 prisoners. Prisoner Bashir son of Akbar Khan has bilateral cataract. I sprang my both fingers into his eyes suddenly but there was no reaction in his eyes as the man is nearly totally blind. It is no use keeping a blind man in prison. Released. Those who complete 14 years including remission granted today shall also have likewise benefit. Badin (Sd) A. A. KATPAR, 13 6 76. CHIEF…

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