Ali Akbar @ Baboo & An Other vs The State
This matter concerns an application for the suspension of a sentence and release on bail pending the disposal of an appeal against a conviction under Section 322 of the Pakistan Penal Code 1860. The applicants were convicted of Qatl-bis-Sabab regarding two deceased individuals and sentenced to pay Diyat to the legal heirs, payable in installments over five years. The core legal question before the Court was whether the applicants, who were in custody solely due to their inability to pay the ordered Diyat money, were entitled to bail pending the final adjudication of their appeal. The Court held that there is no provision in law that conditions the grant of bail on the prior payment of Diyat money. Consequently, the Court suspended the operation of the impugned judgment and ordered the release of the applicants on bail, subject to the furnishing of surety bonds. The key principle laid down is that the inability to pay Diyat does not constitute a legal bar to the suspension of a sentence or the grant of bail during the pendency of an appeal.
- Can an appellate court grant bail to a convict whose sentence is primarily based on the payment of Diyat?
- Is the payment of Diyat a mandatory condition precedent for the suspension of a sentence pending appeal in a Qatl-bis-Sabab case?
- Does the inability to pay Diyat justify the continued incarceration of a convict during the pendency of an appeal?
- Section 322, Pakistan Penal Code 1860
ORDER
1. The applicants for an offence punishab le u/s 322 PPC for committing Qatl-bis-Sabab of Mukesh Kumar and Sht.Bekhi were convicted and sentenced to pay 'Diyat' for both deceased at Rs.27,77,353/-each to the legal heirs of said deceased, installments for period spreading over five years by learned Additional Sessions Judge-I/Model Criminal Trial Court Umerkot vide his judgment dated 10.02.2021, which is impugned by the applicants before this Court by preferring an appeal. It has been admitted to regular hearing and in the meanwhile the applicants have sought for suspension of the operation of the impugned judgment and their release on bail pending disposal of their appeal.
2. It is contended by learned counsel for the applicants that they are in custody only for want of payment of 'Diyat' money; therefore, they are entitled to be released on bail pending disposal of their appeal.
3. Learned A.P.G for the State has opposed to release of the applicants on bail by contending that they will have to pay the ' Diyat' money first.
4. I have considered the above arguments and perused the record.
5. The applicants are in custody for want of payment of 'Diyat' money , the appeal preferred by them is likely to take time for its hearing. There is nothing in law which may condition release of the applicants on bail after payment of 'Diyat' money; therefore, the operation of impugned judgment is suspended. Conseq uently , the applicants are ordered to be released on bail subject to their furnishing surety in sum of Rs. 100,000/-each and PR bond in the like amount to the satisfaction of learned Additional Registrar of this Court.
6. The listed application is disposed of accordingly .