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 toProvincial 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.