' The petitioner was convicted under section 315, P.P.C. 14 years' R.I. As Ta'zir and to pay Diyat amounting to Rs,2,00,000 to the heirs of the deceased Muhammad Rafique. He was also sentenced to undergo R.I. For one year under section 337-F(i) by the learned Additional Sessions Judge, Faisalabad on 5-5-1993. On appeal (Criminal Appeal No,378 of 1993) before this Court the sentence of 14 years was reduced to ten years' R.I. And benefit of section 382-B, Cr.P.C. Was also extended.
The order of payment of Diyat was, however, upheld and maintained which was subsequently upheld by the Honorable Supreme Court of Pakistan as well.
2. The petitioner has completed his sentence of imprisonment awarded to him as Ta'zir and remains confined in jail due to non-payment of Diyat to the legal heirs of the deceased. It is prayed that the petitioner has no means to pay the amount of Diyat, however, if he is released on bail he may arrange the payment of the same by approaching his friends on release. He can also approach the Government Exchequer for payment from Baitual Mal. It is contended that section 331(1)(2), P.P.C. Lays down that the amount of Diyat may be paid within a period of three years in lump sum or through instalments. Failing which, however, the convict can be kept in jail and to be dealt with in the same manner as is sentenced to S.I. It is argued that to keep the petitioner confined in jail for an indefinite period after he served his substantial sentence of imprisonment as Ta'zir will not promote the ends of justice. The Court is competent to release the convict on bail on furnishing surety in the sum of an amount equaling the amount of Diyat. In support thereof the judgment rendered by the Honorable Supreme Court in Criminal Appeal No,212 of 1994 has been cited whereby their lordships of the Supreme Court were pleased to release convicts the appellants with the direction to deposit the amount of Diyat in the trial Court either in lumpsum or in instalments within a period of three years. They were also allowed to approach the Baitul Mal, Zakat Council or any other charitable institution to arrange for funds to pay the amount of Diyat. Another judgment from this Court given in the case titled Muhammad Afzal v. State 1994 PCr.LJ 934 has been cited wherein a convict after he had undergone his term of imprisonment was released on bail subject to furnishing bail-cum-surety bond in the sum equal to amount of Diyat with undertaking to pay the same within a period of three years. Respectfully following the above two judgments this petition is allowed and the petitioner is released on bail on the condition that he furnishes bail-cum-surety bond in the sum of Rs,2,00,000 (two lacs) equal to amount of Diyat within a period of three years. The petitioner may if so advised also approach Baitul Mal, Zakat Council or any other charitable institution with a prayer to arrange funds for payment of Diyat.