Section 432(5) in The Code of Criminal Procedure, 1973
(5)The appropriate Government may, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with :Provided that in the case of any sentence (other than a sentence of fine) passed on a male person above the age of eighteen years, no such petition by the person sentenced or by any other person on his behalf shall be entertained, unless the person sentenced is in jail, and -(a)where such petition is made by the person sentenced, it is presented through the officer in charge of the jail; or(b)where such petition is made by any other person, it contains a declaration that the person sentenced is in jail.