ABDUL HAMEED vs THE STATE
The applicant, convicted under Section 320 of the Pakistan Penal Code 1860 for a vehicular accident resulting in two deaths, sought post-conviction bail pending appeal. He had been sentenced to ten years of rigorous imprisonment and ordered to pay a substantial Diyat amount. The applicant's counsel argued that the offence was bailable and that the appeal process constituted a continuation of proceedings, thereby suspending the finality of the Diyat payment obligation. The State and the complainant opposed the bail application, citing the severity of the sentence and the loss of two lives. The Court, upon consideration, held that the offence under Section 320, Pakistan Penal Code 1860 is bailable. Furthermore, the Court reasoned that granting bail would practically facilitate the applicant's ability to earn the necessary funds to satisfy the Diyat payment. Consequently, the Court allowed the application, ordering the applicant's release on bail, subject to furnishing surety equivalent to the Diyat amount and a personal recognizance bond to the satisfaction of the Court's Nazir.
- Is an offence under Section 320 of the Pakistan Penal Code 1860 considered bailable?
- Does the release of a convict on bail facilitate the payment of Diyat?
- Can a convict be released on bail pending appeal in a case involving a sentence of ten years rigorous imprisonment?
- Section 320, Pakistan Penal Code 1860
ORDER
1. The applicant has been convicted by VIIIth Additional Sessions Judge, Karachi South in an accident case under section 320, P.P.C. And has been sentenced to suffer R.I. For ten years and to pay Diyat amount of Rs.5,40.987.06.
2. The Advocate for the applicant contends that the offence is bailable and since appeal is continuity of the proceedings, there is no final verdict for payment of Diyat.
3. Mr. Sharafat A.I Khan, learned counsel for the State, opposes the bail plea on the ground that the sentence is ten years R.I. Mr. Sardar Ishaq, Advocate for the complainant, also opposes the plea submitting that two persons have been killed in this accident.
4. The offence under section 320, P.P.C. Is bailable and, release of the applicant will, practically, facilitate payment of Diyat, because, in that case, he would be in a position to earn for payment.
5. The application is, therefore, allowed and the applicant is ordered to be released on bail subject to surety in the same amount of Diyat mentioned above and P.R. Bond in the like amount, to the satisfaction of Nazir of this Court, convict released.
6. H.B.T./A-165/K
Cited by 1 case
- LIAQUAT KHAN Versus State 2012 YLR 2779