' Instant petition has been filed for issuing a direction to respondent No,1 to grant the petitioner special remission provided by the Federal and Provincial. Government vide Notifications, dated 16- 1-1999 and 15-3-2000 and others.
2. Briefly stated the facts are that the petitioner was convicted under sections 458/34, P.P.C. And was sentenced to undergo' 14 years' R.I. And a fine of Rs,1,00,000 or in default thereof to undergo R.I.
For three years. He was further convicted under sections 392/34, P.P.C. And was sentenced to undergo R.I. For ten years and a fine of Rs,1,00,000 or in default thereof to undergo R.I. For two years and under section 411, P.P.C. He was convicted and sentenced to undergo R.I. For three years and to pay fine of Rs,10,000 or in default thereof to undergo R.I. For six months. However, as a result of appeal the said sentence under sections 458/34, P.P.C. Was reduced to 10 years and fine was reduced from Rs,1,00,000 to Rs,15,000 or in default to undergo R.I. For one year. Similarly the sentence awarded under sections 392/34, P.P.C. Was reduced from 10 years to 8 years and fine was reduced from Rs,1,00,000 to Rs,10,000. However, the sentence awarded under sections 411/34, P.P.C.
Was maintained but the amount of fine was reduced from Rs,10,000 to Rs,3,000. The petitioner at present is undergoing the sentence awarded to him and is lodged in New Central Jail, Bahawalpur.
3. Instant petition has been filed for issuing a direction to the Superintendent New Central Jail, Bahawalpur to grant special remission to the petitioner in case F.1.R. No,143, dated 28-9-1990 in which he has been convicted under sections 392/34, P.P.C. Referred above.
4. Stand of the learned counsel for the petitioner is that the petitioner is entitled to special remission granted by the Federal Government as well as the Provincial Government.
5. Comments of the respondent have been called wherein it has been asserted that the petitioner is not entitled to the said remissions as he stands convicted in the commission of the offence of dacoity.
6. A perusal of the judgment passed by the Federal Shariat Court reveals that he has been convicted under sections 392/34, P.P.C. Which is not an offence of dacoity but of robbery. The Notification is issued by the Federal as well as Provincial Government specifically disentitle a convict of an offence of dacoity and not of robbery. Since the petitioner has not been charged for the offence of dacoity which exclusively falls within the ambit of section 395, P.P.C. And has been charged and convicted specifically under sections 392/34, P.P.C. So he is entitled to the remissions granted by the Federal and Provincial Government vide notification issued from time to time.
7. In the light of facts stated above, the writ petition is accepted and the Superintendent, New Central Jail, Bahawalpur is directed to extend the special remissions in the sentence on account of Notifications issued by the Federal and Provincial Government.
8. With this observation, the petition stands disposed of.