JAGDISH PRASAD Vs. REX

JUDGEMENT

(1.) SECTION 401, Criminal P.C., gives the Provincial Government the right to remit the whole or any part of the punishment to which a person may be sentenced. It also gives the Provincial Government the right to suspend the sentence with of without conditions. The applicants were convicted and by an order dated 29th January 1949, their sentences were suspended. In the directions issued by the Provincial Government it was mentioned that it should be ensured that the released students did not indulge in any demonstrations or any other undesirable activities. It is not suggested that any such undertaking was taken from the students, who were released, after the orders dated 29 January 1949, were received by the Superintendent of the Jail where the applicants were serving out their sentences. Learned Counsel has urged that as they were released without any conditions being imposed it must be assumed that the sentences were remitted and that there is no difference between a remission and a suspension of a sentence without conditions. SECTION 401, Criminal P.C., clearly provides both for remission and for suspension of a sentence with or without conditions. If the Legislature had meant that there should be no difference between the two, then it would not have separately provided for suspension of sentences without conditions. Learned Counsel has not been able to cite any authority to the effect that when a sentence has been suspended without any condition it amounts to remission and the Local Government has no right to re-arrest an accused person and direct that he should serve out the rest of the sentence. Learned Counsel has placed reliance on Sub-section (3) of SECTION 401 which provides that if a sentence has been suspended on certain conditions and those conditions are not fulfilled, the Provincial Government may cancel the suspension or the remission. It is urged that there is no provision in the Code to the effect that if a sentence has been suspended without any conditions, the Provincial Government can, at its pleasure, order the accused to serve out the rest of the sentence. To my mind, suspension clearly means that the sentence has not been remitted and it is only in abeyance at the pleasure of the person, who is authorised to suspend the sentence, and if no conditions are imposed, then the Provincial Government has the right to have the accused person re-arrested and direct that he should undergo the rest of the sentence without assigning any reason. I see no reason to interfere.

(2.) THE application is rejected.