| Case ID |
0089538e-7f0b-46eb-8054-95e6444c4c91 |
| Body |
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| Case Number |
Criminal Jail Appeal No. 144 of 2008 and M.A. No. |
| Decision Date |
May 19, 2010 |
| Hearing Date |
|
| Decision |
The court granted bail to the accused, who had been convicted for causing a fatal accident due to negligent driving, on the condition that he would arrange for the payment of Diyat to the legal heirs of the deceased within a stipulated period. The court emphasized the importance of human dignity and the need for compassion in the legal process, allowing the accused to earn and pay the compensation rather than remaining imprisoned indefinitely due to his financial incapacity. |
| Summary |
In the Sindh High Court case of Criminal Jail Appeal No. 144 of 2008, the applicant, Zeeran Gul, was convicted for Qatl-e-Khata under the Penal Code for causing a fatal accident while driving a water tanker. The court sentenced him to three years of rigorous imprisonment and ordered him to pay Diyat to the heirs of the deceased. However, the applicant expressed his inability to pay the Diyat amount due to financial constraints, leading to his application for bail. The court, considering the principles of human dignity and justice, converted his application to a bail application under section 331 of the Penal Code. The court granted bail for five years, requiring the accused to furnish a surety equivalent to the Diyat amount and to make arrangements for payment in installments. This decision highlights the balance between upholding the law and ensuring that individuals are not unjustly punished due to their financial circumstances. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL HADI KHOSA, J
|
| Lawyers |
Habib Ahmed
|
| Petitioners |
ZEERAN GUL alias ZAREEN GUL
|
| Respondents |
THE STATE
|
| Citations |
2010 SLD 2701,
2010 PLD 291
|
| Other Citations |
Abid Hussain v. Chairman, Pakistan Baitul Maal and others PLD 2002 Lah. 482,
Qadeeer Mohy-ud-Din v. The State 2005 YLR 803,
Muhammad Afzal v. The State 1994 PCr.LJ 934,
Reham Ali v. The State 2002 page 407,
2003 SCMR 1850
|
| Laws Involved |
Penal Code (XLV of 1860)
|
| Sections |
320,
331,
337-G,
249
|