SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Muhammad Rafique alias Feeqa son of Wall Muhammad, caste Taili resident of Faisal Colony, Jahawarian, Tehsil Shahpur, District Sargodha (petitioner) was involved in case FIR No,226, dated 15.06.2008, offence under sections 320, 337-G, 279, 427, P.P.C., registered with Police Station, Bhalwal, District Sargodha, -and was tried by the learned Judicial Magistrate, Bhalwal. The learned trial court seized with the matter in terms of judgment dated 01.04.2010, convicted/sentenced the petitioner as under:-- Sr. #Name of the petitionerConviction and sentence (1) Muhammad alias FeeqaRafique Under section 320, P.P.C., for causing death of Nazim Hussain by rash and negligent driving and sentenced him to seven years' R.I. with diyat amounting ' to Rs,11,02,680/ -.
Under section 320, P.P.C, for causing death of Mat.
Samina Bibi by rash and negligent driving and sentenced him to seven years' R.I. with diyat amounting to Rs,11,02,680/ -.
Under section 320, P:P.C., for causing death of Mat.
Kaniz Fatima by rash and negligent driving and sentenced him to seven years' R.I. With diyat amounting to Rs,11,02,680/-.
Under section 427, P.P.C., sentenced to two years' R.I. with fine of Rs,10,000/-. In case of default in payment of fine, to further undergo one month SI Under section 279, P.P.C., sentenced to two years' R.I. with fine of .Rs,2000/-. In case of default in payment of the same, to further undergo fifteen days.
Benefit of section 382-B, Cr.P.C. Was extended in favour of the petitioner. All the sentences were ordered to run concurrently. The accused was directed to pay the amount of diyat to the legal heirs of the deceased concerned within two years in lump-sum, failing which he was directed to be kept in jail till the realization of the amount of diyat. Feeling aggrieved by the judgment of the, learned trial court, the petitioner challenged his conviction and sentence by way of filing an appeal, but the learned Additional Sessions Judge, Gojra dismissed the same vide judgment dated 12.06.2010.
2. Today at the very outset, learned counsel for the petitioner submits that the petitioner is behind the bars since 01.04.2010 and as such he has served out his sentence, but he is behind the bars only due to non-payment of the diyat amount. Learned counsel contends that the petitioner is a poor man and as such is not in a position to pay the diyat amount in lump-sum.
3. Learned Deputy Prosecutor General frankly concedes that the petitioner has served out his sentence, however submits that he is behind the bars only due to non-payment of diyat amount.
4. Arguments heard. Record available on file perused.
5. Admittedly the petitioner has served out his sentence, but he is behind the bars only due to non- payment of diyat amount because of financial restraints. The total amount of diyat comes to Rs,33,08,040/-. Keeping in view the financial condition of the petitioner, in the interest of justice, in view of provisions of section 331, P.P.C., the petitioner is directed to pay the amount of diyat to the legal heirs of the concerned deceased in installments within a period of five years at the rate of Rs,55,134/- per month without fail. The installment shall be paid till 10th of every month. In case of default in payment of the same, he shall be proceeded against under sections 331, P.P.C. The petitioner is behind the bars. Hence, he is ordered to be released on bail subject to his furnishing of bail bonds equivalent to the amount of diyat to the satisfaction of the Deputy Registrar (J) of this Court.