CHAMAN ALI vs The STATE
This Criminal Revision Petition was filed by a convict challenging the judgments of the trial court and the appellate court, which convicted him under Section 337-A(ii) of the Pakistan Penal Code 1860 for causing injuries with a knife and sentenced him to one year of rigorous imprisonment alongside the payment of Arsh. The petitioner, having served the substantive term of imprisonment, sought relief regarding the payment of Arsh, citing extreme poverty and severe chronic liver disease. The core legal question was whether a convict, unable to pay Arsh in a lump sum due to financial hardship and health issues, could be granted the facility of installment payments. The Court, noting the petitioner's medical condition and financial status, held that the payment of Arsh could be deferred and paid in installments. Relying on Section 331 of the Pakistan Penal Code 1860, the Court ordered the petitioner's release upon furnishing security equal to the Arsh amount, directing payment in 36 equal monthly installments over three years, with the condition that failure to pay would result in re-arrest.
- Can a convict be permitted to pay the amount of Arsh in installments if they are unable to pay in a lump sum?
- Does the court have the authority to release a convict on bail pending the payment of Arsh in installments?
- What is the maximum period allowed for the payment of Arsh in installments under the Pakistan Penal Code 1860?
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
- Section 331, Pakistan Penal Code 1860
' SHAKEEL. AHMED BALOCH, J.---This Criminal Revision (Jail) Petition has been presented by the petitioner/convict through Superintendent, District Jail, Quetta against .The judgments dated 7-5- 2013 and 30-7-2013 respectively passed by Judicial Magistrate-IV, Quetta and Additional Sessions Judge-IV, Quetta, whereby the petitioner has been convicted under section 337-A(ii) Q&D to suffer R.I of one year and to pay Arsh 5% amounting to Rs,126604 to the injured with benefit of section 382-B, Cr . P. C .
2. Briefly stated facts of the case are that the complainant Khan Muhammad lodged an F.I.R.
No,191/2011 with Police Station Brewary, Quetta, alleging therein that on 29-06-2011, at about 6:00 p.m, the petitioner along with co-accused attacked upon him with knife and injured him. After completion of investigation, the challan was submitted before the trial court, who after conclusion of the trial convicted and sentenced the petitioner as mentioned above. The judgment of the trial court was challenged before the Additional Sessions Judge-IV, Quetta, which was also dismissed, hence this petition.
3. The learned counsel for the pauper petitioner at the very out set stated that the petitioner has already undergone the substantive period of the sentence and he is in the jail due to non-payment of Arsh. He argued that the petitioner being a very poor person is unable to pay the amount of Arsh in lump-sum. The learned counsel further argued that the petitioner is seriously ill, therefore, by taking lenient view, he may be allowed to pay the amount of Arsh in 60 equal installment, as provided under section 331 P.P.C.
4. The learned Additional Prosecutor General did not oppose the request of the learned counsel for the petitioner in terms of payment of Arsh in installment, as provided under section 331, P.P.C.
5. I have heard the learned counsel for the parties and have perused the record as well as the impugned judgments. It is an admitted fact that the petitioner has undergone his substantive period of sentence. It is important to mention here that on 3-2-2014, the Superintendent, District Jail Quetta also appeared before this court and stated that the petitioner is suffering from serious ailment of Liver and presently is under treatment at Jail Ward of Civil Hospital Quetta. Besides this, the Medical Certificate available on record, issued by the Medical Officer Jail Ward, shows that the petitioner is suffering from severe chronic liver disease and needs to be treated urgently. The financial condition of the petitioner is very weak which reveals from the fact that he was unable to arrange a counsel, and filed the petition through Superintendent District Jail Quetta. The superior courts have taken a sympathetic view as to payment of Arsh, releasing the accused from the custody for a period of three years prevailing upon him to make payment of Arshc to the victim in installments (2005 YLR 794). Provisions of section 331, P.P.C. Having provided that Diyat can be made payable in lump sum or in installments, spreading over a period of three years from the date of judgment and convict can also be released on bail. 2007 PCr.LJ (FSC)
80. The amount of Arsh can be paid in installment as provided under section 331, P.P.C. As dictum provided laid clown in the judgment on a case of Gulab Khan v. The State (1997 PCr.LJ Karachi 193) and on a case of Asgher Ali and 2 others v. The State (YLR 2003 Lahore 1156), where the petitioners were allowed to deposit the amount of Arsh in 36 equal installment within a period of three years.
6. In the light of the above discussion, considering the health and financial condition of the petitioner, as well as considering the substantive sentence which he has already undergone, he is ordered to be released on furnishing Surety-cum-security, equal to the amount of Arsh i,e, Rs,1,26,604 to the satisfaction of the trial Court. The petitioner is directed to make the payments of the Arsh amount in the equal 36 installments within a period of three years from the date of this order. The petitioner is directed to deposit the payment of Rs,3517 per month as monthly installment on the every 2nd day of succeeding month with the trial Court i,e, Judicial Magistrate-V, Quetta, in case there is a holiday on the said date, the amount can be paid on the next date, if the appellant failed to do so, he shall be taken into custody and sent to the jail until and unless he pays the required installment.
' With above observations the petition stands disposed of.