this was a case of conditional remission under Section 401 of the CrPC of 1898. Section 401 of the CrPC of 1898 has been quoted in paragraph 13 of the said decision, which reads thus: “13. We are, however, clearly of opinion that for the purpose of Section 303 IPC it does not make any difference whether the remission under Section 401 CrPC is with or without conditions. This is clear from a perusal of sub­section (3) of Section 401 CrPC which reads as follows: “401(3) If any condition on which a sentence has been suspended Criminal Appeal @ Special Leave Petition (Crl.) No.6166 of 2023 Page 11 of 17or remitted, is, in the opinion of the appropriate Government, not fulfilled, the appropriate 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.” An identical provision is found