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Petitioner: Ali Akbar @ Baboo & An Other VS Respondent: The State
Court Name: Sindh High Court Judge(s): Irshad Ali Shah Title: Ali Akbar @ Baboo & An Other vs The State Case No.: Crl. Appeal No.S - 33 of 2021 Date of Judgment:2021-03-16 Reported As: 2021 SHC 1042 Result: Application disposed off
Judgment ORDER The applicants for an offence punishab le u/s 322 PPC for committing Qatl-bis-Sabab of Mukesh Kumar and Sht.Bekhi were convicted and sentenced to pay 'Diyat' for both deceased at Rs.27,77,353/-each to the legal heirs of said deceased, installments for period spreading over five years by learned Additional Sessions Judge-I/Model Criminal Trial Court Umerkot vide his judgment dated 10.02.2021, which is impugned by the applicants before this Court by preferring an appeal. It has been admitted to regular hearing and in the meanwhile the applicants have sought for suspension of the operation of the impugned judgment and their release on bail pending disposal of their appeal. It is contended by learned counsel for the applicants that they are in custody only for want of payment of 'Diyat' money; therefore, they are entitled to be released on bail pending disposal of their appeal. Learned A.P.G for the State has opposed to release of the applicants on bail by contending that they will have to pay the ' Diyat' money first. I have considered the above arguments and perused the record. The applicants are in custody for want of payment of 'Diyat' money , the appeal preferred by them is likely to take time for its hearing. There is nothing in law which may condition release of the applicants on bail after payment of 'Diyat' money; therefore, the operation of impugned judgment is suspended. Conseq uently , the applicants are ordered to be released on bail subject to their furnishing surety in sum of Rs. 100,000/-each and PR bond in the like amount to the satisfaction of learned Additional Registrar of this Court. The listed application is disposed of accordingly .