Criminal Misc. No.01-M-2015 Muhammad Iqbal, the petitioner seeks suspension of his sentence awarded to him by learned Addl: Sessions Judge, Dera Ghazi Khan vide judgment dated 29.06.2015, whereby he was convicted in private complaint under Sections 302, 148/149 PPC at Police Station City, Dera Ghazi Khan and sentenced as under:- Under Section 322 PPC.
He will pay the Diyat to the legal heirs of deceased Zafar Hussain in the sum of Rs.21,74,577/-
2. The petitioner being aggrieved preferred this appeal against the impugned judgment dated 29.06.2015 passed by learned trial Court accompanying this Criminal Misc. No.01-M-20125 with prayer for the suspension of sentence.
3. Learned counsel for the petitioner has contended that Diyat amount of Rs.21,74,577/- imposed upon petitioner is against the law & facts of the case and there was no eye-witness of the occurrence and no motive or enmity has been proved against the petitioner. Ten accused were acquitted by the learned trial Court relying on the same evidence. The conviction and sentence without independent corroboration is not sustainable qua the petitioner. There is no iota of evidence against the petitioner. It was an accidental death of deceased Zafar Hussain. The prosecution has failed to establish the guilt of petitioner beyond any shadow of doubt as evidence on record does not warrant the conviction of petitioner. There are certain infirmities in the judgment which are sufficient grounds for the purpose of acquittal of the accused-petitioner. The learned trial Court imposed upon fine of Diyat by ignoring all important aspects of the case and sentenced the petitioner on wrong presumptions, therefore, his sentence be suspended.
4. On the other hand, learned APG has argued that the learned trial Court has already taken a lenient view by awarding the sentence to the petitioner; that the petitioner was awarded sentence by learned trial Court on 29.06.2015 and this Criminal Appeal has been filed in the year 2015; that all the prosecution witnesses have supported the prosecution case. There is no cogent reason to suspend the sentence awarded to the petitioner by the learned trial Court.
5. Arguments heard and record perused.
6. The petitioner was tried by learned trial Court under Sections 302, 148/149 PPC as he was found guilty in this case and as such he was convicted and sentenced as cited above by learned trial Court vide impugned judgment dated 29.06.2015. The petitioner faced the agony of trial for a considerable period. The petitioner remained in jail during trial. Now he is being detained for want of payment of Diyat only. The petitioner is a poor person and due to his poverty, he can not arrange such huge amount of Diyat. According to the learned counsel for the petitioner, the conviction and sentence is not maintainable. Therefore, it has been prayed for the suspension of sentence of the petitioner. Relying upon the cases reported as "Ghulam Azam. Vs. The State." (2004 Crl. L.J. 1245), "Ahmad Mahmood. Vs. The State" (2003 S.C.M.R. 1850), "Muhammad Iqbal, etc. Vs. The State" (NLR 2001 Criminal 98), "Abdul Majeed. Vs. The State" (2000 YLR 418 Lahore), and "Muhammad Siddique, etc. Vs. The State" (PLJ 2003 Crl. Cases Lahore) 338), wherein it has been held that the convict who had no source of income to pay the amount of Diyat, was ordered to be released on bail under Section 331(2) PPC by the learned Division Bench of this Court. The provision thereof is as under:- Section 331 PPC "(1)The diyat may be made payable in lump sum or in installments spread over a period of five years from the date of the final judgment.
(2)Where a convict fails to pay diyat or any part thereof within the period specified in Sub-Section (1), the convict may be kept in jail and dealt within the same manner as if sentenced to simple imprisonment until the diyat is paid full or may be released on bail if he furnishes security or surety equivalent to the amount of diyat to the satisfaction of the Court or may be released on parole as may be prescribed in the rules."
As the petitioner is poor person who has no means to pay such huge amount of Diyat as he is incarceration, therefore, keeping in view the aforesaid verdict of this Court as well as the August Supreme Court of Pakistan, this petition is accepted and the sentence for imposing of Diyat awarded to him by the learned trial Court is suspended. The petitioner shall be released on bail subject to his furnishing security or surety equivalent to the amount of Diyat to the satisfaction of Deputy Registrar (Judicial) of this Court. The accused petitioner is directed to appear before this Court on each and every date of hearing of this criminal appeal. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.