2012 P Cr. L J 1821
[Balochistan]
Before Muhammad Hashim Khan Kakar, J
AJAB KHAN---Applicant
versus
THE STATE ---Respondent
Criminal Miscellaneous Application No.73 of 2012 in Criminal Appeal No. 15 of 2012, decided on 3rd August, 2012.
Criminal Procedure Code (V of 1898) ---
----S. 426 ---Penal Code (XLV of 1860), Ss. 320/337- G/279 ---Qatl -e-khata by rash or
negligent driving, hurt by rash or negligent driving, rash driving or riding on a public way,--
Suspension of sentence ---Release on b ail to facilitate accused in payment of diyat and daman
amount ---Possibility of compromise ---Accused was convicted and sentenced for 10 years
imprisonment in addition to payment of diyat and daman---Death caused by rash and negligent driving was qatl -ekhata under 5.320, P. P. C., which was bailable and
compoundable ---Financial position of accused was weak and therefore he was unable to pay
the diyat and daman amount in lump sum ---Arranging a huge amount would not be possible
for the accused while remaining behind bars ---Release of accused would practically facilitate
payment of diyat and daman amount ---In case of release of accused on bail, there was also
the possibility of compromise between parties, which could be better for keeping harmony
and cordial re lations between them in future ---Application was allowed, operation of
sentence was suspended and accused was released on bail.
Manzoor Ahmed Rehmani for Applicant.
Yahya Khan, D.P.- G. for the State.
ORDER
MUHAMMAD HASHIM KHAN KAKAR, J. ---Cr. M.A. No.73 of 2012: Through this
application filed under section 426 of the Criminal Procedure Code, 1898 (Cr.P.C.),
suspension of the sentence, mentioned below, awarded to the applicant/appellant by the
Additional Sessions Judge, Kalat (the "trial Court") under section 320 of the Pakistan Penal
Code, 1860 (PPC) vide judgment dated 27- 2-2012 (the "impugned judgment"), has been
sought: --
(i) "Under section 320, P.P.C. rigorous imprisonment of ten years on each count with
addition to pay of Diyat amount in the sum of Rs.500,000 (Five Hundred Thousand
Rupees) on each count which will be payable to the legal heirs of deceased.
(ii) Under section 337 -G of P.P.C. two years rigorous imprisonment on each count
plus with pay of Daman amount, which will be payable to injured in the sum of
Rs.20,000 (Twenty Thousand Rupees) each.
(iii) Under section 279 of P.P. C. two years' rigorous imprisonment. Till the recovery
of Diyat and daman amount accused will remain behind the bars. That all the sentences will run concurrently, however the benefit of section 382- B, Cr. P. C. is
extended in favour of the accused."
2. On the first impression, it appears to be extremely unusual rather paradoxical to seek
suspension of sentence of. a convict who has been convicted and sentenced to 10 years
rigorous imprisonment in addition to pay of diyat and daman amount, but Mr. Manzoor
Ahmed Rehmani, learned counsel for the applicant, has come up with a plea that the offence under section 320 of the P.P .C. is bailable and since appeal is continuity of the proceedings
and the applicant remained at bail during trial of the case, thus, the sentence awarded to the appellant is liable to be suspended till final decision of the appeal, which would certainly consume sufficient time.
3. Mr. Yahya Khan, learned Deputy Prosecutor -General (DPG), opposes the bail plea on the
ground that the sentence is ten years and three persons have been killed in the accident.
4. I have considered the contentions put forth by the learned counsel for the parties and also
perused the record of the case with their valuable assistance. The codification of qatl -e-khata
in section 318 of the P.P.C. is an offence causing death without any intention by mistake of act or fact, whereas t he death caused by rash and negligent driving is also qatl -e-khata under
section 320 of the P.P.C., which is bailable and compoundable, The financial position of the applicant is, reportedly, weak and, therefore, he is unable to pay the diyat and daman amo unt
in lump sum, otherwise it will not be possible for him to arrange such huge amount, while
remaining behind the bars.
5. It is also worth -mentioning that the offence 'under section 320 ofthe P.P.C. is bailable and
compoundable in nature. The release of the applicant, practically, facilitates payment of the diyat and daman amount. Needless to reiterate that in case of release of the applicant on bail, then there is also possibility of compromise between the parties, which will be better for
keeping harm ony and cordial relationship between the parties in future and in that case, the
applicant would be in a position to arrange amount for the payment of diyat and daman.
6. In view of above, the application is, accordingly allowed, the operation of impugne d
judgment is suspended and the applicant is ordered to be released on bail, subject to furnishing surety bonds to the tune of Rs.800,000 (Rupees eight hundred thousands only) of
two sureties and PR bonds of the like amount to the satisfaction of Additiona l Registrar of
this Court.
MWA/76/Q Application allowed.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
let us know.