MUHAMMAD IMRAN vs ASSISTANT DIRECTOR, RECLAMATION AND PROCLAMATION, ICT, ISLAMABAD Ss

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MUHAMMAD IMRAN VS ASSISTANT DIRECTOR, RECLAMATION AND PROCLAMATION, ICT, ISLAMABAD Ss. 2, 3, 4 & 6---Power of Government to release prisoner by license on conditions imposed by it---Period for which license is to be in force---Period of release to be reckoned as imprisonment for computing period of sentence served---Power to revoke license---Scope---It is the prerogative/discretion of the Government to approve or reject the request of parole but such discretion has to be exercised in a reasonable or structured manner; no law permits absolute exercise of discretion---Parameters for exercise of discretion have been provided under S. 2 of the Good Conduct Prisoners' Probational Release Act, 1926---Section 2 of the Good Conduct Prisoners' Probational Release Act, 1926, empowers the Government where a person is confined in prison under a sentence of imprisonment and it appears to the Provincial Government from his antecedents or his conduct in the prison that he is likely to abstain from crime and lead useful and industrious life, he may be released from prison by granting license spelling out terms and conditions regarding the supervision or authority of a servant of the state or other person who is willing to take charge of him---Under S. 3, the license has to operate and remain enforced under the date on which the person released would, in the execution of the order of warrant authorizing his imprisonment, has been discharged from prison had he not been released on license, or until the license is revoked, whichever is sooner---Under S. 4 of the Good Conduct Prisoners' Probational Release Act, 1926, the period, during which a person is absent from prison but has been released on license, shall be reckoned as the period, for which, he was imprisoned and serving sentence---License shall be in such form as prescribed by the Provincial Government, however, under S. 6, license may be revoked by the concerned/competent authority.

MUHAMMAD IMRAN vs ASSISTANT DIRECTOR, RECLAMATION AND PROCLAMATION, ICT, ISLAMABAD Ss — 2022 PCrLJ 1838 ISLAMABAD

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