MUHAMMAD IQBAL And Another vs THE STATE
This matter concerns a petition filed by two convicts, previously sentenced to death under Section 302/34 of the Pakistan Penal Code 1860, whose sentences were subsequently commuted by the Supreme Court of Pakistan to imprisonment under Section 308 of the Pakistan Penal Code 1860, alongside an order to pay Diyat. The core legal question before the Court was whether the petitioners, who claimed to have no source of income to satisfy the Diyat payment, were entitled to be released on bail pursuant to the provisions of Section 331(2) of the Pakistan Penal Code 1860. The Court, finding no rebuttal from the State, accepted the petitioners' contention. The holding of the Court was that the petitioners were entitled to release on bail under Section 331(2) of the Pakistan Penal Code 1860, subject to the furnishing of surety bonds. The key principle laid down is that where a convict is unable to pay the Diyat amount as ordered, the statutory relief provided under Section 331(2) of the Pakistan Penal Code 1860 regarding release on bail becomes applicable, provided the required surety is furnished.
- Is a convict who is unable to pay the ordered Diyat entitled to release on bail under Section 331(2) of the Pakistan Penal Code 1860?
- What is the consequence if a convict fails to pay the surety amount within the period stipulated under Section 331(2) of the Pakistan Penal Code 1860?
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 302(b), Pakistan Penal Code 1860
- Section 308, Pakistan Penal Code 1860
- Section 308(2), Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
- Section 331(2), Pakistan Penal Code 1860
ORDER
The petitioners were convicted under sections 302/34, P.P.C. By the learned Sessions Judge, Bahawalpur vide judgment dated 21-2-1995 and were sentenced to death. Both of them challenged the said decision vide Criminal Appeal No. 20 of 1995. Murder Reference No. 11 of 1995 was also filed. Vide judgment dated 18-11-1998 the appeal of the convict appellant was dismissed and murder reference was answered, in the affirmative. Aggrieved by the judgment dated 18-11- 1998 passed by this Court, Criminal Appeal No. 148 of 1999 was filed in the Supreme Court which was disposed of vide judgment dated 5-6-2000, As a result. Of judgment dated 5-6-2000 of the Supreme Court of Pakistan their conviction and sentence under section 302(b), P.P.C. Has been converted to section 308, P.P.C. And both the petitioners have been directed to pay Diyat separately on two counts Which shall be payable by them at the rate prevailing on the day of incident i.e., 26-10-1991 as well as they have to undergo 14 years R.I. Under section 308(2), P.P.C. The benefit of section 382-B, Cr.P.C. Was also extended to them.
2. Through this petition., the petitioners have requested that they have no source of income to pay the amount of Diyat as ordered by the Supreme Court so they may be released on bail as provided under section 331(2), P.P.C.
3. Arguments have been heard and. Record perused.
4. Learned counsel for the petitioner has reiterated his contention mentioned in his petition and has also placed reliance upon Muhammad Saeed v. The Superintendent, Central Jail Faisalabad (2000 PCr.LJ 2) as well as Muhammad Afzal v. The State 1994 PCr.LJ 934 (Lahore). Conversely learned counsel for the State has nothing to rebut these contentions of the learned counsel for the petitioner.
5. After hearing the arguments of the learned counsel for the petitioners as well as of the State, we are inclined to agree with the contention raised by the learned counsel for the petitioners.
Accordingly petition is accepted and the petitioners are allowed to be released on bail under section 331(2), P.P.C. Provided they furnish bail bond surety bond to the tune of Rs.2,50,000each to the satisfaction of the trial Court. If the amount of surety is not paid within the stipulated period of section 331(2), P.P.C. They shall be taken into custody.
6. With this observation petition stands disposed of.