(a)When a convict undergoing imprisonment for a substantive offence is tendered pardon in another case or when a person on conviction on his own plea of guilt is examined as a prosecution witness against the co-accused, it may be desirable, in consideration of the service rendered to the prosecution, to move the Provincial Government to remit or suspend under section 401, Code of Criminal Procedure, the whole or any portion of the sentence he is undergoing. Such remission or suspension of sentence shall ordinarily be on the conditions noted below and the violation of any of the conditions shall, under clause (3) of section 401 of that Code, entail the revoking of the order of suspension and his arrest and commitment to jail to undergo the unexpired portion of the sentence :-(i)The convict in whose favour the order was passed shall report himself at the police-station within whose jurisdiction he resides at such intervals as may be ordered by the Superintendent.(ii)He shall notify his intention to change his residence to the officer-in-charge of the police-station one week before he changes his residence.(iii)He shall within one week of his arrival at his new residence report himself at the police-station.(iv)He shall not associate with known bad characters.(v)He shall not commit any fresh offence.(vi)If he intends to absent himself temporarily for one or more nights from his place of residence, he shall notify the fact personally, or through the village chaukidar, to the officer-in-charge of the police-station or outpost within which he is at the time residing, stating the place or places to which he intends to proceed, and the probable dates of his arrival thereat and return therefrom respectively.(b)Applications for the suspension or remission of sentence under section 401, Code of Criminal Procedure, should be made in B.P. Form No. 46, and should be accompanied by all information necessary to guide the Provincial Government in the exercise of its discretion.The period for which it is intended that the conditions shall remain in force should be definitely specified in the application and it must also be stated that the prisoner had consented to the imposition of the conditions.
