1. ' The applicant is a convict for the offences under sections 11 and '13 of the `Islaami Tazeerati' Act, 1974 who was sentenced to `Diyyat' amounting to Rs, 12,83,040 by the District Criminal Court, Mirpur.
2. The `Diyyat' is to be paid under law within a period of three years from the date of the order of sentence. The convict was held liable to pay `Diyyat' as a whole under sections 11. And 13 of the Islami Tazeerati Act and in default of payment of Diyyat' he was ordered to be imprisoned till the payment is made thereof by him. The trial Court did not care to apprehend sections 11 and 13 of the Islaami Tazeerati Act under which he was convicted and sentenced by it. When an accused is found guilty of the offences under sections 11 and 13 of the Islaami Tazeerati Act he is to be sentenced to `Diyyat' payable by `Aagelah' in three instalments to be reasonably apportioned.
3. There is no provision in law in force that a period during which the `Diyyat' is to be paid by `Aagelah' under law, the convict is to be imprisoned. No apportionment of the amount of `Diyyat' in form of instalments was made by the convicting Court and at the instant stage, there is no question of default of payment which is to be made within a period of three years under law.
4. ' Obviously the imprisonment of the applicant/appellant is not warranted by law. That being so, this application for bail is accepted and the convict is enlarged on bail in the sum of Rs, 5,00,000 with three sureties each in the like amount who shall be liable to pay the same jointly as well as severally, to the satisfaction of the Additional District Magistrate, Mirpur. A copy of this order shall be sent to the Additional District Magistrate, Mirpur for information etc. Of the convict so as to enable him to furnish security and personal bonds as ordered by this Court.