Case Details

Citation(s)
2003 SLG 1010 2003 SLD 1010 2003 SCMR 946
Supreme Court of Pakistan
Criminal Petition No. 346-L of 1999, decided on 22nd May, 2000. (On appeal from the judgment/order, dated 23-4-1999 passed by the Lahore High Court, Lahore in Criminal Appeal No. 160 of 1994)
SH. IJAZ NISAR, SH. RIAZ AHMED AND RASHID AZIZ KHAN, JJ
Tariq Shamim, Advocate Supreme Court with M.A. Qureshi, Advocate-on-Record for Petitioner. Sarfraz Hussain, Advocate Supreme Court and Rao Muhammad Yousaf Khan, Advocate-on-Record for the State

AZHAR MAHMOOD

VS

THE STATE

Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution of Pakistan (1973)--- ----Art. 185(3)---Payment of "Diyat" amount---Accused on account of poverty was unable to arrange the amount of "Diyat" for payment as directed by High Court---Accused was consequently allowed to pay Rs.50,000 out of the total amount of "Diyat" of Rs.1,72,000 with the Trial Court on the same day and to deposit the balance amount in three equal instalments within one year by the specified dates, otherwise he would be liable to arrest and detention in jail till such time he would make the full payment of the balance amount of "Diyat"-- Petition for leave to appeal was converted into appeal and allowed in the above terms. ORDER On 23-4-1999 the learned High Court while disposing of the appeal of the petitioner passed the following orders:-- Keeping in view all the above situation of the present case the sentence which the appellant has already undergone is treated to be sufficient in the circumstances of the case and also in the interest of justice. However, the amount of `Diyat' is maintained. Appellant is directed to pay the 'Diyat' amount either in lump sum or in three equal instalments and the first instalment he would pay on 24-5-1999 before the learned trial Court and the other two instalments would be paid after three months each. In…
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