P L D 2003 LAHORE 387

Per Tassaduq Hussain Jillani, J

Constitution of Pakistan (1973), Art. 45 & 199-
R/w Penal Code (XLV of 1860) S. 302(b)-

The issue raised in this petition is whether the petitioner-convict could be granted remissions in terms of the afore-referred notification during the period when he was out of prison and his sentence had been suspended by this Court ?

We have heard learned counsel for the petitioner, the learned Assistant Advocate-General, Punjab, have gone through the provisions of the Prisons Act,1894 and the Prison Rules framed thereunder. A bare reading of the afore-referred provisions of law would indicate that it is not at all amenable to the construction which petitioner’s learned counsel seeks to draw. Section 55 of the Prisons Act does not talk of petitioner’s remaining out of the prison during the period when his sentence was suspended, therefore, the same is not relevant. Rule 206 of the Prison Rules specifically excludes the period the prisoners spent out of jail on account of temporary suspension of sentence by a Court order, from consideration for the purpose of remissions. Similarly Rules 35, 38 and 218 ibid have no nexus with the issue raised in the petition. For afore-referred reasons we do not find any merit in this petition which is hereby dismissed. [p. 388 &
389] A & B

Petition dismissed.

Malik Khyzar Hayat for Petitioner.

Ms Yasmin Sehgal, Asstt. A.G. Punjab.

Date of hearing 11th March, 2003

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