1999 PLP 3009 (MLD)

Civil MiS Cellaneous No in Criminal Appeal No. 270 of 1998, decided on 15th February, 1999.

S. 426

Penal Code (XLV of 1860), Ss. 53, 299(e) & 323

Sentence to pay Diyat

Suspension of sentence

Convict/petitioner who was sentenced to pay Diyat amounting to Rs. 7,00,000 for two murders was in confinement for the last five years

Convict/petitioner had claimed that he had transferred whole of leis land to son of deceased who was only surviving Wali of deceased and that he had no other property to transfer for payment of remaining amount of Diyat-- Since convict had transferred whole land in name of surviving Wali of deceased and had no other source to pay remaining amount of Diyat, interest of justice demanded that sentence of convict be suspended so that he could make arrangements or take steps towards payment of remaining amount of Diyat-- Appeal filed by convict against his sentence was not likely to be heard in near future

Sentence of convict, in circumstances, was suspended till final decision of the appeal. Malik Aslam Saif for Petitioner. Ch. Muhammad Ashraf Azeem and Mian Abdul Qayyum for the Complainant. The -petitioner has been sentenced to pay Diyat of an amount of Rs. 3,50,000 for each of two murders i.e. of Mst. Shamim Bibi his wife and Mst. Madiha Saleem his daughter. The total amount of Diyat comes to Rs. 7,00,

000. It is argued that the petitioner is in the confinement since 29-11-1994, firstly he remained in the judicial lock-up from said date of 19-3-1998 and thereafter, as a convict prisoner. As per impugned judgment the petitioner has to remain confined in the judicial lock till the whole of Diyat amount is recovered from him. According to the petitioner he is owner of Kanals and 7 Marlas of agricultural land situated in village Klierra Megha. He has placed on file a copy of the mutation according to which the whole of the said land has been transferred in favour of Mohsin son of Muhammad Saleem who is the only surviving Wali of the deceased, According to the learned counsel for the complainant the price of the land as such transferred, is far less than the Diyat money, the convict-petitioner has some other property as well but the same has not been transferred in favour of Wali. The learned counsel for the petitioner, however, disputes the same but undertakes that in case the complainant or for that matter anyone else on behalf of Wali points out that some other property exists in the name of the petitioner he is prepared to transfer the same as well. Since the convict-petitioner has transferred the land held on him in the name of Mohsin the surviving Wali. I consider the interest of justice demand that the sentence to be suspended so that he may make arrangements or take steps towards the payment of remaining amount of Diyat. As the appeal is not likely to be heard in near future, I would, therefore, suspend the sentence of the petitioner till the final decision of the appeal provided he furnishes bail bond in the sum of Rs. 1,00,000 with two sureties each in the like amount to the satisfaction of learned Sessions Judge, Narowal. The petition stands disposed of accordingly. H.B.T./M-1058/L Sentence suspended.