2012 PLP 2779 (YLR)

AZIZ-UR-REHMAN, J.

Through the application under section 426, Cr.P.C., bearing M.A. No.4279 of 2011, the appellant seeks suspension of sentence of 5 years' R.I. and payment of Diyat amounting to Rs.470,171 (Rupees four lac seventy thousand one hundred seventy one only) in F.I.R. No.22 of 2006, which was lodged under section 320/322, P.P.C. at Police Station Memon Goth, Karachi. It is briefly stated that the appellant was convicted and sentenced to undergo R.I. for 5 years and to pay Diyat amount of Rs.470,171 (Rupees four lac seventy thousand one hundred seventy one only) to legal heirs of the deceased according to law. Learned counsel for the appellant contended that the offence under sec-tion 320, P.P.C. is a bailable offence and the appeal filed by the appellant has already been admitted to regular hearing vide order dated 25-10-2011. Learned counsel for the appellant further contended that the offence under section 320, P.P.C. is bailable and release of the applicant will, practically, facilitate payment of Diyat, because, in that case, he would be in a position to earn for payment. He further stated that the appellant though has completed/served the entire sentence R.I. for five years but still is behind the bars only for want of payment of Diyat amount. Learned counsel for the appellant has placed reliance on reported cases of Abdul Hameed v. The State (2001 MLD 1577) and Shah Hussain v. The State (PLD 1995 Karachi 209). The principal laid down in the above cases is that if offence committed is a bailable offence then in such eventuality the convicted person is entitled to be released on bail after admission of appeal as a right. Learned A.P.-G. contended that since the appellant has already completed entire sentence R.I. for five years and insofar as the payment of Diyat amount is concerned, the appellant is required to furnish Security equivalent to the Diyat amount of Rs.470,171 (Rupees four lac seventy thousand one hundred seventy one only). I have minutely considered arguments of learned counsel for the appellant and learned A.P.-G. and have gone through the case-laws cited by learned counsel for the appellant. I am of the considered opinion that the offence under section 320, P.P.C. is a bailable offence, therefore, the appellant is entitled to be released on bail after admission of his appeal as a matter of right. Consequently, the appellant is ordered to be released on bail subject to furnishing surety in the sum of Rs.470,171 (Rupees four lac seventy thousand one hundred seventy one only) and PR bond in the like amount to the satisfaction of Nazir of this court. M.A. No.4279 of 2011 stands disposed of in the above terms. MH/L-7/K Bail allowed.