2024 PCrLJ 2036
PLJ 2024 CrC 822
According to section 53 of the Pakistan Penal Code 1860 (PPC), a court of competent jurisdiction, upon conviction for offences under the Code, may sentence an offender to one or more of the following punishments: (i) Qisas, (ii) Diyat, (iii) Arsh, (iv) Daman, (v) Ta’zir, (vi) death, (vii) imprisonment for life, (viii) imprisonment which may be either rigorous, i.e., with hard labour, or simple, (ix) forfeiture of property, and (x) fine. Clause (b) of section 299 PPC defines “Arsh” as the compensation specified in Chapter XVI of the Code to be paid to the victim or their heirs. Clause (d) of section 299 defines “Daman” as the compensation determined by the court to be paid by the offender to the victim for causing hurt, not liable to Arsh. Section 337-Y PPC describes how the court should determine the value of Daman, with sub-section (1a) stating that it may be payable in a lump sum or instalments over five years from the date of the final judgment. Sub-section (2) outlines the procedure where a convict fails to pay Daman or any part thereof within the period specified in sub-section (1a). Clause (e) of section 299 PPC states that “Diyat” refers to the compensation specified in section 323 [value of Diyat] payable to the legal heirs of the victim. Qisas and Ta’zir are defined in clauses (k) and (l) of section 299, respectively.
Section 426 Cr.P.C. addresses situations where a convict is in custody pending an appeal and is not covered by section 382-A Cr.P.C. It empowers the court to grant bail by suspending the sentence.
A review of the relevant legislative provisions and case law shows that, upon conviction, the sentence of imprisonment must be carried out unless it is deferred or suspended under section 382-A or section 426 Cr.P.C. It is inpermissible for the trial court to allow the convict to deposit Diyat, Arsh, or Daman under protest for release. Any deviation from the prescribed course would constitute an act without lawful authority and would not be sustainable under the law.
Chapter XXVIII of the Code of Criminal Procedure 1898 (Cr.P.C.) delineates the procedure for executing orders and the punishments imposed upon a conviction. Section 383 Cr.P.C. specifies that when an accused is sentenced to life imprisonment or imprisonment in cases not covered by sections 381 and 382-A Cr.P.C., the court that passed the sentence must expeditiously dispatch a warrant to the jail where the accused is presently held or designated to be confined. If the accused is not already in that jail, the court must transfer him to it with the warrant. This signifies that, following a conviction, an individual must be taken into custody to enforce the imprisonment sentence unless section 381 or 382-A is applicable.
Section 382-A Cr.P.C. is relevant for our present purpose. It states that the sentence shall not be executed immediately when a person is convicted and sentenced to imprisonment for less than one year, provided they furnish bail to the court’s satisfaction for their appearance at the designated time and place. This deferral of the sentence continues until the period allowed for filing an appeal against the sentence elapses. If an appeal is filed within that duration, the implementation of the imprisonment sentence is postponed until the appellate court affirms the sentence. Nevertheless, the sentence will be carried out as soon as practicable after the expiry of the appeal filing period or, in the case of an appeal, after the receipt of the appellate court’s order confirming the sentence.
Crl. Revision
40476/19
Manzoor Hussain Vs The State etc.
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