NAJAMUDDIN @ NAJOO Versus State

ORDER

ABDUL RASOOL MEMON, J.--- The applicant Najamuddin alias Najoo, by caste Mallah, has moved an application to this Court, stating therein that he is confined in jail for payment of Diyat amount and prays for reduction of the said amount.

2. The learned D.P.G. is put on notice and the applicant is also present in response to P.O issued by this Court.

3. The judgment of the trial court dated 30.8.2014 is also called through fax, which reveals that the accused/applicant Najamuddin was facing trial in Crime No.20/2011 of P.S Kakar, under sections 302, 324, 114, P.P.C. and the said case ended in compromise and vide order dated 30.8.2014 the trial Court while accepting the compromise of present applicant and co-accused Ghulam Rasool and Ghulam Nabi with the legal heirs of the deceased ordered for payment of Diyat of share of minor viz. Rs.561,121/- by three accused, namely, Ghulam Rasool, Nabi Bux and Najamuddin alias Najoo. Accordingly, the amount of share of each of the accused became Rs.187,040.33. The co accused, namely, Ghulam Rasool and Ghulam Nabi paid the share of Diyat with Nazir of the District Court, Dadu and they were acquitted under section 345(6), Cr.P.C., while the present applicant could not pay the amount of Diyat pertaining to his share, therefore, it was ordered that he shall not be released until the payment of amount of Diyat of minor legal heir of deceased is made.

4. Mr. Khadim Hussain Khooharo, learned D.P.G has pointed out that under section 331, P.P.C. the Diyat may be made payable in lump sum or in instalments spreading over a period of five (05) years from the date of final judgment and convict may also be released on bail if he furnishes the surety equivalent to amount of Diyat, therefore, the request of the applicant may be allowed in the above terms.

Section 331, P.P.C. reads as under:-

"331. Payment of diyat .---(1) The diyat may be made payable in lump sum or in instalments spread over a period of five years from the date of the final judgment.

(2) Where a convict fails to pay diyat or any part thereof within the period specified in subsection (1), 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 full or may be released on bail if he furnishes security or surety equivalent to the amount of diyat to the satisfaction of the Court or may be released on parole as may be prescribed in the rules.

(3) Where a convict dies before the payment of diyat or any part thereof, it shall be recovered from his estate."

5. The upshot of the above discussion is that value of the Diyat payable to the legal heirs coming in the share of present applicant comes to Rs.187,040.33, if it shall be payable in three years in 36 equal instalments, then each instalment will become approximately of Rs.5200/.

6. In view of above circumstances, the application is allowed in the terms that the applicant shall pay the Diyat amount of his share in 36 monthly instalments of Rs.5200/- each. The applicant is in the meantime admitted to bail on furnishing surety in the sum of Rs.190,000/- and P.R bond in the like amount and it should be deposited with the Nazir of the District Court, Dadu, who is directed to invest the same in some profitable scheme in the name of minor baby Qaz Bano as her share and she is allowed to withdraw the same on attaining the age of 18 years. In case of default in payment of amount of Diyat by three consecutive instalments, the surety bond to be furnished by the applicant shall be forfeited and the outstanding amount shall become payable in lump sum.

7. The applicant further submits that he is originally resident of Dadu and case pertains to Dadu District and is confined at Central Prison, Karachi, and is not involved in any other case, therefore, he requests that till he arranges surety, he may be put in District Jail, Dadu.

8. The learned D.P.G has recorded no objection.

9. Accordingly, Inspector General of Prisons Sindh, Hyderabad is directed to make arrangement for shifting the custody of the applicant/accused Najamuddin alias Najoo Mallah from Central Prison, Karachi to District Jail, Dadu, if he is not required to be detained in any case at Karachi.

SL/N-2/Sindh Application allowed.