NADEEM AFZAL vs THE STATE
This criminal revision matter concerns a convict who, having served his substantive prison sentence, remained incarcerated solely due to his inability to pay the imposed Diyat and Arsh amounts. The core legal question was whether the continued detention of a convict, who has completed his substantive sentence but failed to pay financial compensation (Diyat/Arsh) due to indigence, is justifiable when such detention serves no rehabilitative or punitive purpose and prevents the convict from earning the means to satisfy the judgment. The Court held that continued incarceration in these circumstances does not meet the ends of justice. Consequently, the Court ordered the applicant's release upon furnishing a personal bond equivalent to the Diyat amount, subject to a monthly installment payment plan. The Court further directed the Nazir to facilitate an application by the convict to the Bait-ul-Mall for potential financial assistance. The key principle laid down is that where a convict has served the substantive sentence, detention solely for non-payment of Diyat due to poverty may be relaxed to allow the convict to earn and satisfy the liability, provided appropriate security is furnished.
- Can a convict be released after serving the substantive sentence if they are unable to pay the imposed Diyat amount?
- Is it permissible for a court to allow a convict to pay Diyat in monthly installments after their release from custody?
- Does the continued detention of a convict solely for non-payment of Diyat, after the substantive sentence is served, meet the ends of justice?
- Section 320, Pakistan Penal Code 1860
- Section 337-G, Pakistan Penal Code 1860
- Section 427, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
ORDER
1. ' AMIR HANI MUSLIM, J.---The applicant was convicted in Crime No,31 of 1998 of Police Station Jamshed Quarter and sentenced to suffer R.I. For seven years under section 320, P.P.C., three years under section- 337-G, P.P.C., each for each injured, and three years under section 427, P.P,C. Besides payment of Diyat amount vide judgment, dated 17-4-2004 passed by IIIrd Additional Sessions Judge, Karachi (East). All the sentences were ordered to run concurrently and the applicant however was extended benefit of section 382 B, Cr.P.C.
2. ' Theapplicant did not prefer any appeal against his conviction. According to the Jail Roll the applicant has served out substantial sentence on 27-4-2005. The applicant however was not released for wantof payment of Diyat amount to the legal heirs of the deceased according to the value of 30630 grams of sliver and Daman, Arsh to the injured.
3. ' The applicant made an application to this Court in Criminal Revision Application No, 84 of 2005 upon which the Jail Roll was called and the applicant was produced on 13-7-2006. On 13-7-2005 the applicant has submitted another application seeking exemption from payment of Diyat amount, which comes to Rs,3,50,000. This application made by the applicant/convict was converted into Criminal Revision and notice was issued to the learned Advocate-General.
4. ' Today, the applicant produced in custody stated that he is the lone bread-earner of his family and is in custody since 17-3-1998. He states that he has three daughters, one minor son besides one wife. He submits that there is no bread-earner in his family and he could not pay the Diyat amount in terms of the judgment, dated 17-4-2004 passed by the 3rd Additional Sessions Judge, Karachi (East), by which he was convicted.
5. ' The detention of the applicant for want of payment of Diyat amount would not meet the ends of justice as the applicant has already served out the substantive sentence and if he is released, perhaps he would be able to start making payment towards the Diyat amount in installments. The learned State council also does not object to such proposition in the given circumstances.
6. ' Under these circumstances, I order release of the applicant subject to his furnishing personal bond equivalent to the Diyat amount before the Nazir of this Court. The applicant after being released, would start depositing Rs,500 per month with the Nazir towards Diyat amount on or before 10th of every calendar month. In the meantime, the Nazir may approach the Bait-ul-Mall of the State, after getting an application from the applicant for payment of Diyat amount to the L. Rs of the deceased in terms of the judgment, dated 17-4-2004. The Bait-ul-Mall officials shall consider the application of the applicant' and shall take appropriate steps to make payment if the law so permits. The applicant appears to be a deserving person and if the law permits the officials of the Bait-ul-Mall shall help him out. The Nazir shall take such exercise and report the matter to this Court.
7. ' For the aforesaid reasons the applicant on execution of personal bond in the sum of Rs,3,50,000 with the Nazir of this Court shall be released forthwith, if not required in any other case.