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1999 SCMR 2283

MUHAMMAD AFZAL alias SEEMA vs THE STATE

Citation1999 SCMR 2283
CourtSupreme Court of Pakistan
Case No.Criminal Petition for Leave to Appeal No, 465-L of 1997 Criminal Appeal
Date1999-01-04
Judge(s)Sh. Riaz Ahmad, Munir A. Sheikh
ResultLeave to appeal granted

ORDER

' MUNIR A. SHEIKH,J.---This petition for leave to appeal is directed against the judgment dated 21-7- 1997 of the Lahore High Court passed in Criminal Appeal No,293 of 1994.

2. This petition is barred by time by eight days. For reasons recorded in the application seeking condonation of delay and keeping in view that the petitioner was minor of 13 years old when the offence was committed, we condone the delay.

3. The petitioner alongwith other was tried under section 302/34, P.P.C. For the murder of Muhammad Hussain and being minor was convicted under sections 306 and 308, P.P.C. And sentenced to 7 years S.I. As Ta'zir and also to pay Diyat to the tune of Rs,1,75,000 in lump sum or in 10 equal instalments to the legal heirs of the deceased, failing which he was ordered to remain in jail till the said amount was paid. The High Court, however, in appeal through the impugned judgment dated 21-7-1997 directed that the petitioner should be arrested and imprisoned for the payment of amount of Diyat.

4. Leave to appeal is granted to consider whether the petitioner could be imprisoned in jail for indefinite period till the payment of Diyat money under section 311, P. P.0.

5. Notice in the bail application. 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.

Cited by 3 cases

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