AJAB KHAN vs THE STATE
This criminal miscellaneous application was filed under Section 426, Code of Criminal Procedure 1898, seeking suspension of a sentence awarded by the trial court. The applicant had been convicted under Section 320, Section 337-G, and Section 279 of the Pakistan Penal Code 1860, receiving ten years of rigorous imprisonment along with Diyat and Daman payments following a fatal traffic accident. The core legal question was whether a sentence for an offence under Section 320, Pakistan Penal Code 1860, which is bailable and compoundable, should be suspended pending appeal, particularly when the convict's financial inability to pay Diyat and Daman while incarcerated hinders potential settlement. The Court held that since the offence is bailable and compoundable, and the applicant remained on bail during the trial, suspension of the sentence was appropriate. The Court reasoned that releasing the applicant would facilitate the arrangement of funds for Diyat and Daman payments and potentially encourage a compromise between the parties, thereby fostering future harmony. Consequently, the Court suspended the operation of the impugned judgment and granted bail subject to the furnishing of surety bonds.
- Is an offence under Section 320 of the Pakistan Penal Code 1860 considered bailable and compoundable?
- Can a sentence be suspended under Section 426 of the Code of Criminal Procedure 1898 to facilitate the payment of Diyat and Daman?
- Does the fact that an accused remained on bail during the trial influence the decision to suspend a sentence pending appeal?
- Section 426, Code of Criminal Procedure 1898
- Section 320, Pakistan Penal Code 1860
- Section 337-G, Pakistan Penal Code 1860
- Section 279, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
- Section 318, Pakistan Penal Code 1860
ORDER
' MUHAMMAD HASHIM KHAN KAKAR, J.---Cr. M.A. No,73 of 2012: Through this application filed under section 426 of the Criminal Procedure Code, 1898 (Cr.P.C.), suspension of the sentence, mentioned below, awarded to the applicant/appellant by the Additional Sessions Judge, Kalat (the "trial Court") under section 320 of the Pakistan Penal Code, 1860 (PPC) vide judgment dated 27-2-2012 (the "impugned judgment"), has been sought:--
(i) "Under section 320, P.P.C. Rigorous imprisonment of ten years on each count with addition to pay of Diyat amount in the sum of Rs,500,000 (Five Hundred Thousand Rupees) on each count which will be payable to the legal heirs of deceased
(ii) Under section 337-G of P.P.C. . Two years' rigorous imprisonment on each count plus with pay of Daman amount which will be payable to injured in the sum of Rs,20,000 (Twenty Thousand Rupees) each.
(iii) Under section 279 of P.P.C. Two years' rigorous imprisonment. Till the recovery of Diyat and daman amount accused will remain behind the bars. That all the sentences will run concurrently, however the benefit of section 382-B, Cr. P. C. Is extended in favour of the accused."
2. On the first impression, it appears to be extremely unusual rather paradoxical to seek suspension of sentence of a convict who has been convicted and sentenced to 10 years' rigorous imprisonment in addition to pay of diyat and daman amount, but Mr. Manzoor Ahmed Rehmani, learned counsel for the applicant, has come up with a plea that the offence under section 320 of the P.P.C. Is bailable and since appeal is continuity of the proceedings and the applicant remained at bail during trial of the case, thus, the sentence awarded to the appellant is liable to be suspended till final decision of the appeal, which would certainly consume sufficient time.
3. Mr. Yahya Khan, learned Deputy Prosecutor-General (DPG), opposes the bail plea on the ground that the sentence is ten years and three persons have been killed in the accident.
4. I have considered the contentions put forth by the learned counsel for the parties and also perused the record of the case with their valuable assistance. The codification of qatl-e-khata in section 318 of the P.P.C. Is an offence causing death without any intention by mistake of act or fact, whereas the death caused by rash and negligent driving is also qatl-e-khata under section 320 of the P.P.C., which is bailable and compoundable, The financial position of the applicant is, reportedly, weak and, therefore, he is unable to pay the diyat and daman amount in lump sum, otherwise it will not be possible for him to arrange such huge amount, while remaining behind the bars.
5. It is also worth-mentioning that the offence under section 320 of the P.P.C. Is bailable and compoundable in nature. The release of the applicant, practically, facilitates payment of the diyat and daman amount. Needless to reiterate that in case of release of the applicant on bail, then there is also possibility of compromise between the parties, which will be better for keeping harmony and cordial relationship between the parties in future and in that case, the applicant would be in a position. To arrange amount for the payment of diyat and daman.
6. In view of above, the application is, accordingly allowed, the operation of impugned judgment is suspended and the applicant is ordered to be released on bail, subject to furnishing surety bonds to the tune of Rs,800,000 (Rupees eight hundred thousands only) of two sureties and PR bonds of the like amount to the satisfaction of Additional Registrar of this Court.