WAQAR AZEEM alias BILLU vs THE STATE
This matter arises from a petition for leave to appeal against the dismissal of an application seeking release on bail upon furnishing security equivalent to the amount of 'Diyat'. The petitioner was convicted for murder, and his conviction was subsequently altered on appeal, sentencing him to imprisonment along with the payment of 'Diyat', with a directive that he be kept in custody until the 'Diyat' amount was paid. The core legal question was whether a convict unable to pay 'Diyat' in a lump sum may be released on bail upon furnishing adequate security and a payment plan. The Supreme Court held that the request was reasonable and granted leave and bail, subject to furnishing a surety bond equal to the 'Diyat' amount along with an undertaking by the surety to pay the amount in installments upon the petitioner's default. The key principle laid down is that a convict ordered to pay 'Diyat' may be enlarged on bail to facilitate payment through structured installments secured by a reliable surety.
- Whether a convict directed to pay Diyat can be released on bail to facilitate payment through installments?
- Can a surety be held liable to pay the Diyat amount in the event of default by the petitioner?
- Section 331, Pakistan Penal Code 1860
- Section 561-A, Code of Criminal Procedure 1898
- Section 302, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 308, Pakistan Penal Code 1860
- Section 306, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
1. ' SH. RIAZ AHMED, C.J.---Leave to appeal is sought against an order, dated 28-5-2001 whereby a learned Division Bench of the Lahore High Court dismissed the application moved on behalf of the petitioner and two others under section 331, Pakistan Penal Code read with section 561-A, Criminal Procedure Code seeking their release on bail by furnishing security equivalent to the amount of 'Diyat.'
2. ' For the murders of Khalil-ur-Rehman and Hafiz-ur-Rehman, petitioner Waqar Azeem alias Billu was convicted and sentenced to death on two counts by means of judgment of the trial Court dated 4th of May, 1993 and on appeal his conviction under sections 302/34, Pakistan. Penal Code was set aside on the ground that he was a minor at the time of committing the murders, and instead, he was directed to suffer 14 years' R.I. Under section 308 read with 306, Pakistan Penal Code. Sentence was ordered to run concurrently with benefit under section 382-B, Criminal Procedure Code. In addition thereto, he was directed to pay 'Diyat' amounting to Rs,2,51,000 on each count and a specific order was passed that he shall be kept in custody until the said amount of 'Diyat' was paid by him which approximately comes to Rs,5,00,000.
3. It is stated at the, bar that petitioner is not in a position to pay the amount of 'Diyat'. However, he shall pay the same through instalments over a period of three years in equal monthly instalments.
4. It further prayed that petitioner can only arrange the payment of 'Diyat' if he is enlarged on bail.
5. Request is reasonable, therefore, we grant the same and direct that petitioner shall be released on bail subject to his furnishing security in the sum of Rs,500,000 (Rs,five lacs) with one surety in the like amount to the satisfaction of the trial Court. It is clarified that in addition to surety bond for his release, the surety shall execute another bond undertaking that in the event of failure by petitioner to pay the amount of 'Diyat', the surety shall pay the said amount in place of the petitioner in the manner prescribed above. The trial Court shall ascertain that surety of the petitioner is a man of means so that 'Diyat' amount is secured by all means. Disposed of.