2003 PLP 1632 (MLD)
MUHAMMAD ASGHAR — Applicant Versus THE STATE — Respondent
| Citation | 2003 PLP 1632 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD ASGHAR — Applicant Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 2003 PLP 1632 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2003 PLP 1632 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2003 PLP 1632 (MLD) (MUHAMMAD ASGHAR — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
S.319
Payment of Diyat
Application for release of accused who was unable to make payment of Diyat amount
Accused was sentenced to 5 years' R.I. as Tazir and also to make payment of Diyat amount and in case of default in such payment, accused was to be kept in jail till payment of Diyat amount and his said detention was to be treated as simple
Sentence of imprisonment, on appeal was reduced to already undergone by accused, but order with regard to payment of Diyat amount was maintained by the High Court-- Accused who was unable to make payment of Diyat amount filed application for his release
Said application was not maintainable as High Court had already decided appeal and had passed specific order that accused would be kept in jail till Diyat amount was fully paid by him.
Judgment & Decree
S.319
Payment of Diyat
Application for release of accused who was unable to make payment of Diyat amount
Accused was sentenced to 5 years' R.I. as Tazir and also to make payment of Diyat amount and in case of default in such payment, accused was to be kept in jail till payment of Diyat amount and his said detention was to be treated as simple
Sentence of imprisonment, on appeal was reduced to already undergone by accused, but order with regard to payment of Diyat amount was maintained by the High Court-- Accused who was unable to make payment of Diyat amount filed application for his release
Said application was not maintainable as High Court had already decided appeal and had passed specific order that accused would be kept in jail till Diyat amount was fully paid by him. Rana Mehmood Ali Khan for Applicant. Date of hearing: 15th November, 2001. This application has been moved for the release of the applicant as he is unable to make the payment of the Diyat amount.
2. Brief facts of the case are that the applicant was convicted under section 319, P.P.C. and was sentenced to 5 years' R.I. as Tazir and also imposed Rs.1,75,000 as Diyat. In case of default in the payment the applicant was ordered to remain in Jail. However, his detention shall be treated as simple. This judgment was passed by the learned Sessions Judge, Okara on 27-4-1993. Aggrieved by the said judgment the Criminal Appeal No.423 of 1993 was filed by the applicant which has been dismissed vide judgment dated 13'-11-1998 by which the sentence of the period was reduced to already undergone by the applicant/appellant and his appeal to this extent was accepted. However. he has been directed to make payment of Diya amount imposed upon him by the learned trial Court in the tune of Rs.1,75,
000. In case or default in the payment of "Diyat" he shall be kept in Jail till it is fully paid. His sentence shall however, be treated as simple. This application is not maintainable as this Court has already decided the appeal and has passed the specific order that the applicant shall be kept in Jail till the, Diyat amount is fully paid. This application is dismissed. H.B.T./M-1904/L Application dismissed.