Law: Criminal Procedure Code (V of 1898)

Section: 426

Law: Pakistan Penal Code, 1860

Section: 320,337-G,279

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 bail 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 S.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 relations between them in future---Application was allowed, operation of sentence was suspended and accused was released on bail. 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…

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