MUHAMMAD ASGHAR vs THE STATE
This matter concerns an application filed by a convict seeking release from imprisonment on the ground of inability to pay the imposed Diyat amount. The applicant had been convicted under Section 319 of the Pakistan Penal Code 1860, receiving a sentence of five years' rigorous imprisonment as Tazir and an order to pay Rs. 1,75,000 as Diyat, with a default clause for continued detention. Although a subsequent criminal appeal resulted in the reduction of the substantive imprisonment sentence to the period already undergone, the appellate court maintained the requirement for the payment of the Diyat amount, stipulating that the applicant must remain in jail until full payment is made. The core legal question was whether the applicant could be released despite defaulting on the Diyat payment. The Court held that the application was not maintainable, as the appellate judgment had already issued a specific, binding order mandating the applicant's detention until the Diyat amount is fully satisfied. Consequently, the Court dismissed the application, affirming that the previous appellate order regarding the default in payment remains operative.
- Can a convict be released from jail if they are unable to pay the imposed Diyat amount?
- Does an appellate court's order requiring detention until full payment of Diyat remain binding after the substantive sentence is reduced to time served?
- Section 319, Pakistan Penal Code 1860
ORDER
' This application has been moved for the release of the applicant as he is unable to make the payment of the Diyat amount.
2. Brief facts of the case are that the applicant was convicted under section 319, P.P.C. And was sentenced to 5 years' R.I. As Tazir and also. Imposed Rs,1,75,000 as Diyat. In case of default in the payment the applicant was ordered to remain in Jail. However, his detention shall be treated as simple. This judgment was passed by the learned Sessions Judge, Okara on 27-4-1993. Aggrieved by the said judgment the Criminal Appeal No,423 of 1993 was filed by the applicant which has been dismissed vide judgment dated 13-11-1998 by which the sentence of the period was reduced to already undergone by the applicant/appellant and his appeal to this extent was accepted.
However, he has been directed to make payment of Diyat amount imposed upon A him by the learned trial Court in the tune of Rs,1,75,000. In case of default in the payment of "Diyat" he shall be kept in Jail till it is fully paid. His sentence shall however, be treated as simple. This application is not maintainable as this Court has already decided the appeal and has passed the specific order that the applicant shall be kept in Jail till the Diyat amount is fully paid.
' This application is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.