2003 PLP 463 (SCMR)

Penal Code (XLV of 1860)‑‑‑ ‑‑‑‑Ss.308/306‑‑‑Constitution of Pakistan (1973), Art.185(3)‑‑‑Accused in addition to suffer imprisonment was directed to pay Diyat amounting to Rs.2,51,000 on each of the two counts for double murder by the High Court with specific order to be kept in custody until payment of said amount‑‑ Accused was stated to be not in a position to pay the amount of Diyat until enlarged on bail‑‑‑Request being reasonable was granted and accused was released on bail with the direction to pay the amount of Diyat through equal monthly instalments within a period of three years as was prayed for‑‑ Petition was disposed of accordingly. M. Iqbal Bhatti, Advocate Supreme Court for Petitioner. Ms. Salina Beg, A.A.‑G. for the State. Date of hearing: 3rd July, 2002. SH. RIAZ ARMED, C.J.‑‑‑Leave to appeal is sought against an order, dated 28‑5‑2001 whereby a learned Division Bench of the Lahore High Court dismissed the application moved on behalf of the petitioner and two others under section 331, Pakistan Penal Code read with section 561‑A, Criminal Procedure Code seeking their release on bail by furnishing security equivalent to the amount of 'Diyat.' For the murders of. Khalil‑ur‑Rehman and Hafiz‑ur‑Rehman, petitioner Waqar Azeem alias Billu was convicted and sentenced to death on two counts by means of judgment of the trial Court dated 4th of May, 1993 and on appeal his conviction under sections 302/34, Pakistan Penal Code was set aside on the ground that he was a minor at the time of committing the murders, and instead, he was directed to suffer 14 years' R.I. under section 308 read with 306, Pakistan Penal Code: Sentence was ordered to run concurrently with benefit under section 382‑B, Criminal Procedure Code. In addition thereto, he was directed to pay 'Diyat' amounting to Rs.2;51,000 on each count and a specific order was passed that he shall be kept in custody until the said amount of 'Diyat' was paid by him which approximately comes to Rs.5,00,

000. It is stated at the bar that petitioner is not in a position to pay the amount of 'Diyat'. However, he shall pay the same through instalments over a period of three years in equal monthly instalments. It further prayed that petitioner can only arrange the payment of 'Diyat' if he is enlarged on bail. Request is reasonable, therefore, we grant the same and direct that petitioner shall be released on bail subject to his furnishing security in the sum of Rs.500,000 (Rs.five lacs) with one surety in the like amount to the satisfaction of the trial Court. It is clarified that in addition to surety bond for his release, the surety shall execute another bond undertaking that in the event of failure by petitioner to pay the amount of 'Diyat', the surety shall pay the said amount in place of the petitioner in the manner prescribed above. The trial Court shall ascertain that surety of the petitioner is a man of means so that 'Diyat' amount is secured by all means. Disposed of. Order accordingly.