"401.(1) Power to suspend or remit sentences.—(1) When
any person has been sentenced to punishment of an offence, the
Provincial Government may at any time without conditions or upon
any conditions -which the person sentenced accepts, suspend the
execution of his sentence or remit the whole or any part of the
punishment to which he has been sentenced.
(2) Whenever an application is made to the Provincial
Government for the suspension or remission of a sentence, the
Provincial Government may require the presiding Judge of the
Court before or by which the conviction was had or confirmed to
state his opinion as to whether the application should be granted or
refused, together with his reasons for such opinion and also to
forward with the statement of such opinion a certified copy of the
record of the trial or of such record thereof as exists.
(3) If any condition on which a sentence has been.
suspended or remitted is, in the opinion of the Provincial
Government, not fulfilled, the Provincial Government may cancel
the suspension or remission, and thereupon the person in whose
favour the sentence has been suspended or remitted may, if at large,
be arrested by any police-Officer without warrant and remanded to
undergo the unexpired portion of the sentence.
(4) The condition on which a sentence is suspended or
remitted under this section may be one to be fulfilled by the person
in whose favour the sentence is suspended or remitted, or one
independent of his will.
(4-A) The provisions of the above subsections shall also
apply tq any order passed by a Criminal Court under any section of
this Code or of any other law, which restricts the liberty of any
person or imposes any liability upon him or his
property.
(5) Nothing herein contained shall be deemed to interfere
with the right of the President or of the Central Government when
such right is delegated to it to grant pardons, reprieves, respites or
remissions of punishment.
(5-A) Where a conditional pardon is granted by the
President or in virtue of any powers delegated to it by the
Central Government, any condition thereby imposed, of
whatever nature, shall be deemed to have been imposed by a
sentence of a competent Court under this Code and shall be
enforceable accordingly.
(6) The Provincial Government may, by general rules or
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