IRFAN KHALID vs STATE
The petitioner, a convict undergoing a sentence of fourteen years rigorous imprisonment along with the payment of Diyat under Section 308 of the Pakistan Penal Code 1860, sought his release from jail on the ground that he had served out his substantive sentence and had spent more than six months in custody on account of non-payment of Diyat. The core legal question was whether a convict can continue to be detained in jail beyond six months for non-payment of Diyat after serving the principal term of imprisonment. The Lahore High Court allowed the petition, holding that a convict cannot be detained for more than six months for non-payment of Diyat once the substantive sentence has been served. The Court laid down the principle that while the convict must be released from further imprisonment upon completion of the six-month statutory period for non-payment, the liability to pay Diyat remains intact and is recoverable as arrears of land revenue in the manner contemplated by law.
- Can a convict be detained in jail for more than six months on account of non-payment of Diyat after serving out the entire substantive sentence of imprisonment?
- What is the legal mechanism for recovering the outstanding amount of Diyat from a convict after release from jail?
- Does the release of a convict due to the expiry of the maximum detention period for non-payment of Diyat extinguish the underlying monetary liability to pay Diyat?
- Section 148, Pakistan Penal Code 1860
- Section 302, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 109, Pakistan Penal Code 1860
- Section 308, Pakistan Penal Code 1860
- Section 382-B, Code of Criminal Procedure 1898
- Section 544-A, Code of Criminal Procedure 1898
Irfan Khalid petitioner is a convict in case FIR No, 328/1997 registered at Police Station Sadar, Daska, District Sialkot for offences under Sections 148/302/149/109, PPC. He was convicted for an offence under Sections 308, PPC vide judgment dated 9.10.2000 rendered by the learned Sessions Judge, Sialkot and was sentenced to rigorous imprisonment for fourteen years and to pay a sum of Rs, 2,70,000/- to the heirs of Muhammad Sharif deceased as Diyat. The benefit under Section 382-B, Cr.P.C. was extended to the petitioner. On 5.4.2002 Criminal Appeal No, 1648 of 2000 preferred by the petitioner before this Court in that regard had been dismissed and subsequently on 7.5.2002 Jail Petition No, 176 of 2002 filed by the petitioner before the Hon'ble Supreme Court of Pakistan was also dismissed. The petitioner has now approached this Court for his release from the jail on the ground that he has already served out his entire sentence of imprisonment and has already spent more than six months in jail on account of non-payment of Diyat.
2. During the pendency of this petition a report had been called for by this Court from the Superintendent, District Jail, Sialkot and the report so submitted shows that the petitioner had served out his entire sentence of imprisonment on 10.6.2003 and he is being detained in jail eversince only account of non-payment of Diyat. It has already been held by this Court in the case of Abid Hussain and another v. Chairman, Pakistan Bait-ul-Mal and others (PLD 2002 Lahore 482) that a convict, after serving out his entire sentence of imprisonment, cannot be detained in jail for more than six months on account of non-payment of Diyat. According to the learned Assistant Advocate-General the operation of the said judgment passed by this Court has not so far been suspended by the Hon'ble Supreme Court of Pakistan which is already seized of an appeal against that judgment. In this view of the matter this petition is allowed and the Superintendent, District Jail, Sialkot is directed to release the petitioner from the jail forthwith if he is not required to be detained in connection with any other case. It may, however, be clarified that the petitioner's liability to pay Diyat shall remain intact and the relevant amount of Diyat can now be recovered from the petitioner in the manner provided for recovery of arrears of land revenue, as contemplated by the provisions of Section 544-A, Cr.P.C. This petition is disposed of in these terms.