' IRSHAD HASAN KHAN, C.J.--- Amjad Mahmood petitioner was convicted under section 320, P.P.C.
Having committed Qatl-i-Khata of Luqman an armed personnel and sentenced to make payment of Diyat amounting to Rs,3,00,000 to the legal heirs of the deceased and 2 years' R.I. He was also convicted under section 337-G, P.P.C. Having caused injuries to Muhammad Aslam another armed personnel and sentenced to pay Daman amounting to Rs,50,000 to be paid to the injured and also one year R.I. He was further convicted under section 337-G, P.P.C. Having caused injuries to Muhammad Mansha, Warrant Officer of the Armed Forces and sentenced to make payment of Daman of Rs,10,000 and six months' R.I. All the sentences of imprisonment were ordered to run concurrently.
2. An application was moved by the petitioner/convict through Jail, which was registered as Constitution Petition No,34 of 2000 seeking his release from the Jail on the ground that he is unable to pay the amount of Diyat/Daman and a period of more than six years has passed since his conviction.
3. We have heard Mr. Aziz A. Munshi, learned Attorney-General for Pakistan and Mr. Maqbool Elahi Malik, learned Advocate-General, Punjab as well as the petitioner/convict in person.
4. Subsection (2) of section 331 of the Pakistan Penal Code provides that where a convict fails to pay Diyat or any part thereof within a period of three years as specified in subsection (1) thereof, the convict may be kept in jail and dealt with in the same manner as if sentenced to simple imprisonment until the Diyat is paid in full or may be released on bail if he furnishes security equivalent to the amount of Diyat to the satisfaction of the Court. In this case, the petitioner/convict has not only undergone the substantive sentences of imprisonment of 2 years awarded to him by the trial Court but is languishing in jail for the last more than six years on account of his inability to pay Diyat and Daman.
5. After his conviction and sentence under section 320, P.P.C. For Qatl-i-Khata, the petitioner was directed to be kept in prison till such time he paid the amount of Diyat/Daman. The financial position of the petitioner is allegedly so weak that he is unable to pay Diyat in lump sum, otherwise he would not have remained in jail after the expiry of his substantive sentences.
6. Taking into consideration this aspect of the matter, we reduce the amount of Diyat to Rs,1,89,906 as fixed by the Federal Government vide Notification S.R.O.No,601(I)/95 dated 2-7-1995 and the amount of Daman is reduced from Rs,50,000 to Rs,9,000 and from Rs,10,000 to Rs,2,000 respectively.
7. We further direct that the petitioner/convict be released from jail on furnishing of bail bond in the sum of Rs,2,00,906 with one surety in the like amount to the satisfaction of the trial Court, for a period of three years to enable him to make payment of Diyat and Daman in 36 equal monthly instalments. In case he fails to make payment of Diyat/Daman or any part thereof within a period of three years, the petitioner/convict shall be taken into custody and kept in jail and dealt with in the same manner as if sentenced to simple imprisonment until the amount is paid in full or the remaining portion thereof, if any. The amount of Diyat deposited by the petitioner shall be paid by the learned trial Court to the heirs of deceased Luqman in accordance with their legal shares to be determined by it. On recovery, the amount of Daman shall be paid to injured Muhammad Aslam and Muhammad Mansha.