1. The applicant has been convicted by VIIIth Additional Sessions Judge, Karachi South in an accident case under section 320, P.P.C. And has been sentenced to suffer R.I. For ten years and to pay Diyat amount of Rs.5,40.987.06.
2. The Advocate for the applicant contends that the offence is bailable and since appeal is continuity of the proceedings, there is no final verdict for payment of Diyat.
3. Mr. Sharafat A.I Khan, learned counsel for the State, opposes the bail plea on the ground that the sentence is ten years R.I. Mr. Sardar Ishaq, Advocate for the complainant, also opposes the plea submitting that two persons have been killed in this accident.
4. The offence under section 320, P.P.C. Is bailable and, release of the applicant will, practically, facilitate payment of Diyat, because, in that case, he would be in a position to earn for payment.
5. The application is, therefore, allowed and the applicant is ordered to be released on bail subject to surety in the same amount of Diyat mentioned above and P.R. Bond in the like amount, to the satisfaction of Nazir of this Court, convict released.
6. H.B.T./A-165/K