AMIN vs THE STATE and another
This criminal matter concerns a petition for release from imprisonment where the convict-appellant was detained due to non-payment of Diyat. The core legal question revolves around whether a convict imprisoned for non-payment of Diyat should be released on bail to enable them to earn and pay the compensation amount in instalments, given their working-class background and inability to pay in a lump sum. The Lahore High Court held that keeping the petitioner behind bars serves no benefit to the victim's family, and consequently allowed the petition. The court directed the release of the petitioner subject to furnishing bail bonds and mandated that the Diyat amount be paid in instalments over a period of three years, establishing the principle that facilitating the earning of compensation through conditional release is preferable to continued incarceration when it serves the interests of both parties.
- Whether a convict imprisoned for non-payment of Diyat can be released on bail to pay the compensation in instalments?
- Does continued incarceration of a convict for non-payment of Diyat benefit the legal heirs of the deceased?
- Can the payment of Diyat be permitted in instalments over a specified period upon furnishing bail bonds?
ORDER
' Jaffar, father of the convict-appellant has appeared in Court. He stated that he was bereft and was not in a position to pay any compensation to legal heirs of the deceased.
2. Learned counsel for the petitioner submitted that the petitioner belongs to working class and in case he was allowed an opportunity to earn compensation to be paid to legal heirs of the deceased, that would benefit both the parties. Learned counsel for the State has not opposed the prayer made by the petitioner.
3. The petitioner is imprisoned in jail on account of non-payment of "Diyat". Keeping him behind the bars would not benefit the victim's family. Therefore, I am inclined to direct the petitioner to be released from custody subject to furnishing bail bonds in the sum of Rs,2,12,664.09 with one surety in the like amount to the satisfaction of Sessions Judge, Jhang.
4. The petitioner shall pay the amount of "Diyat" in instalments within a period of three years and in case he is unable to discharge his liability, the complainant or any other legal heir of the deceased may move this Court for taking any appropriate decision in the matter.