5. 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had the power to withdraw or cancel the same and consequently the remission already earned by the accused could not be withdrawn or cancelled on a mere letter written by the Ministry of Interior, Government of Pakistan to the Provincial Home Department – Even otherwise, such letter was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 accuser’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 some time before it was decided – Accused was also suffering from various ailments per his medical history Sentence of accused was suspended in circumstances.
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