2018 PLP 1479 (YLR)
ACHAR — Petitioner Versus PROVINCE OF SINDH through Secretary Home Department, Sindh Secretariat, Karachi and 3 others — Respondents
| Citation | 2018 PLP 1479 (YLR) |
| Forum / Court | Sindh (Sukkur Bench) |
| Bench Members | Abdul Rasool Memon and Rasheed Ahmed Soomro, JJ |
| Parties | ACHAR — Petitioner Versus PROVINCE OF SINDH through Secretary Home Department, Sindh Secretariat, Karachi and 3 others — Respondents |
| Primary Law | Pakistan Prison Rules 1978 |
Q1: What are the key laws and sections cited in 2018 PLP 1479 (YLR)?
This judgment primarily cites: Pakistan Prison Rules 1978 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2018 PLP 1479 (YLR)?
The case was heard and decided by the Sindh (Sukkur Bench) bench comprising: Abdul Rasool Memon and Rasheed Ahmed Soomro, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2018 PLP 1479 (YLR) (ACHAR — Petitioner Versus PROVINCE OF SINDH through Secretary Home Department, Sindh Secretariat, Karachi and 3 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nadeem Ahmed Malik for Petitioner.
Headnotes / Summary
R. 140
Criminal Procedure Code (V of 1898), S. 401
Penal Code (XLV of 1860), S. 302
Qatl-i-amd
Life imprisonment, sentence of
Substantive part of life sentence already served
Petitioner-accused was convicted under S. 302, P.P.C. and sentenced to rigorous imprisonment for life
Petitioner contended that he had served out a period of 16 years, 6 months and 29 days and earned remissions of 7 years, 3 months and 16 days; that as per R. 140 of the Prison Rules, 1978, a prisoner who had served out 15 years of his substantive sentence, his case may be referred to Provincial Government through Inspector General Prisons for remittance of his sentence in terms of S. 401, Cr.P.C.; held, that the concerned Senior Superintendent Prisons should commute the sentence of the petitioner in terms of law and if the case of the petitioner fell under R. 140 of the Prison Rules, 1978, then refer the matter to the Provincial Government for dealing with the same in accordance with law
Constitutional petition was disposed of accordingly. Agha Ather Hussain AAG.
Judgment & Decree
ABDUL RASOOL MEMON, J.
The petitioner submits that the petitioner was convicted under section 302, P.P.C. and sentenced to suffer R.I. for life with fine of Rs.100,000/- and in case of default in payment of fine, he was ordered to further suffer R.I. for one year by the Court of learned Additional Sessions Judge Tando Adam in Sessions Case No.89/2001 arising out of Crime No.26/2001 Police Station, Tando Adam.
2. Learned counsel for the petitioner submits that per comments of respondent No.4 Senior Superintendent Central Prison Khairpur, the petitioner has served out 16 years, 06 months and 29 days and he has earned remission 07 years, 03 months and 16 days upto 31.08.2017. He further submits that per Rule 140 of Prison Rules, 1978, the prisoner who has served out 15 years of his substantive sentence, his case may be referred to Provincial Government through Inspector General Prison for consideration with reference to section 401, Cr.P.C.
3. Learned Assistant A.G. and learned Additional P.G. have recorded no objection for referring the case of the petitioner to the Provincial Government through Inspector General Prisons in terms of Rule 140(i) (ii) (iii) and section 401, Cr.P.C. for consideration.
4. In view of above circumstances, we direct the respondent No.4 Senior Superintendent Central Prison, Khairpur to compute the sentence of the petitioner in accordance with law and if the case of the petitioner falls under Rule 140 of the Prisons Rules, 1978, then refer the matter to the Provincial Government for dealing with it in accordance with law. Petition stands disposed of in above terms. MWA/A-24/Sindh Order accordingly.