Law: Criminal Procedure Code (V of 1898)

Section: 561A

Law: Pakistan Penal Code, 1860

Section: 53,337-A(ii)

Criminal Procedure Code (V of 1898)--- ----S. 561-A---Penal Code (XLV of 1860), Ss. 337-A(ii) & 53---Causing shajjah-i-madihah---Petition for quashment of order to deposit the compensation amount of arsh while granting bail---Scope---Petitioner accused under S. 337-A(ii), P.P.C., moved application for bail before the Trial Court, which was accepted, with direction to deposit amount of arsh equal to 5% of Diyat, to be paid to the complainant/injured as compensation and if the prosecution succeeded to establish guilt of the accused, after conclusion of trial he would be at liberty to withdraw the same---Validity---Section 53, P.P.C. described that arsh was punishment, which was to be awarded to the accused if he was found guilty of the offence charged with---Such direction to the petitioner amounted to pre-trial conviction---Circumstances established that impugned order to the extent of such condition was not maintainable---Impugned order was modified accordingly. THIS ORDER PASSED BY: ISHTIAQ IBRAHIM, JUSTICE:---.--- This petition within the meanings of section 561-A, Cr.P.C. has been directed against the order dated 10.3.2016 rendered by the learned Additional Sessions Judge/Izafi Zila Qazi, Dir Upper, whereby learned Court while granting bail to the petitioner/accused also directed the petitioner to deposit the compensation amount of Arsh equal to 5% of Diyat. 2. In essence, the present petitioner being accused in the case FIR No. 340 dated 03.4.2015 registered under section 337-A(ii), P.P.C. at Police Station Dir, moved bail petition before the learned Additional Sessions Judge/Izafi Zila Qazi, Dir Upper, which was accepted and the petitioner/accused was admitted to bail by furnishing bail bonds in the sum of Rs.80,000/- with two sureties, but at the same time, he was also directed to deposit amount of Arsh equal to 5% of Diyat, which shall be paid to the complainant/injured as compensation, if the prosecution succeeded to establish guilt of the accused after conclusion of trial otherwise he will be at liberty to withdraw the same. Pursuant to bail order dated 10.3.2016, in addition to bail bonds, an amount of Rs.85,000/- was also deposited by the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492