2005 P Cr (PLP)

Ghulam Azam-petitioner was sent up to face trial in case F.I.R. No.180 of 1993 registered at Police Station City Chishtian for causing fire-arm injuries on the person of Asghar Ali.

2. The learned Trial Court vide judgment, dated 12-10-1994 convicted the petitioner for offence under section 324, P.P.C. and sentenced him to seven years R.I. In addition to that fine amounting to Rs.10,000 was also imposed upon the petitioner and in default of payment thereof the petitioner was to suffer six months further R.I. Through the same judgment the petitioner was also convicted for offence under section 334, P.P.C. and sentenced to seven years RI with direction to pay Arsh amounting to Rs.1,00,000 which was to be paid to Asghar Ali-injured. Both the sentences were to run consecutively.

3. The appeal against the conviction and sentence recorded by the learned Trial Court was decided by this Court vide judgment, dated 3-6-2003 in the following terms:-- (i) The convictions and sentences of Ghulam Azam-petitioner were maintained with modification that the sentences would run concurrently and not consecutively. (ii) In view of the sentence of Arsh amounting to Rs.1,00,000 inflicted upon the petitioner for offence under section 334, P.P.C., the amount of fine imposed upon the petitioner for offence under section 324, P.P.C. was reduced from Rs.10,000 to Rs.500 in default of payment thereof the petitioner was to suffer further simple imprisonment for five days. (iii) Benefit of section 382-B, Cr.P.C. was extended to the petitioner.

4. The petitioner approached the Honourable Supreme Court of Pakistan through Crl. Petition No. 450-L of 2003, which was dismissed vide judgment, dated 22-12-2003.

5. Through this petition the petitioner has sought his release on bail to enable him to pay the amount of Arsh.

6. I have heard the learned counsel for the parties and gone through the record . It has been brought to the notice of this Court that the petitioner was in prison on account of non-payment of Arsh and has already served out his substantive sentence. Keeping him behind the bars would not benefit the victim, therefore, I am inclined to release the petitioner from custody, subject to his tendering bail bonds in the sum of Rupees One Lac, with two sureties, each in the like amount to the satisfaction of the Trial Court. The petitioner shall pay the amount of Arsh in lump sum or in instalments within a period of three years. The same would be deposited, with the learned Trial Court, which would be given to the injured-Asghar Ali. In case the petitioner fails to deposit the amount of Arsh within the specified time, he would be re-taken into custody and sent to Jail in accordance with the provisions of section 337-X, P.P.C. Release Ordered. H.B.T./G-89/L Order accordingly.