ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl.Appeal.No.D-65 of 2013

Date of hearing

Order with signature of Judge

· For orders on M.A.No.5242/2018 (561-A).

19.12.2018

                        Mr. Ashiq Ali Dhamrah, Advocate for the appellant.

                        Mr.Ali Anwar Kandhro, A.P.G for the State.

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1.                    The applicant by way of instant application u/s 561-A Cr.PC has sought for payment of ‘Diyat’ money worth Rs.686,000/- which has been deposited with Accountant of this Court for him in terms of judgment dated 20.02.2018, passed by this Court, which reads as under;

“Now there remains the question of the share of minors namely Ajeeb Ali (aged about 15 years) and Ali Raza (aged about 10 years). Although, the mother of both the minors, by entering into compromise with the appellant Anwar Ali Khokhar, has waived the right of ‘Qisas’ on their behalf but she cannot do so without accepting ‘badl-e-sulh’. The amount of ‘badl-e-sulh’ is not only mandatorily payable for the minor but the same should not be less than their respective shares in the amount of prevailing rate of ‘diyat’. As such the instant compromise is also accepted on behalf of minors and the appellant is acquitted from the charge under section 302 (b) PPC, subject to payment of their respective share in ‘diyat’. However, unless the share of minors is not paid, the appellant cannot be released from jail. The accountant of this Court is directed to ascertain the share of the minors and after receiving the said amount from the appellant, the same should be invested in any profit bearing government scheme on behalf of minors till they attain the age of majority. As soon as the share of minors is deposited in the Court, the release writ should be issued as per rules”.

2.                   It is contended by learned counsel for the applicant that the applicant has attained the age of majority (18 years), as such he is entitled to withdraw ‘Diyat’ money which is deposited for him with Accountant of this Court. In support of his contention, he has produced the copy of CNIC (No.43205-0953954-1) of the applicant.

3.                    Learned A.P.G for the State has recorded no objection to payment of ‘Diyat’ money to the applicant.                

4.                    We have considered the above arguments and perused the record.

5.                    Admittedly, the applicant as per his CNIC has attained the age of majority, as such he is found entitled to have Diyat money, which is deposited for him in terms of above said judgment of this Court. The learned A.P.G for the State has also recorded no objection to payment of ‘Diyat’ money to the applicant, therefore, the Accountant of this Court is directed to make payment of ‘Diyat’ money to the applicant, in shape of Saving Certificates together with profit, if any, on proper verification and identification.

6.                    The instant application is disposed of in above terms.

                                              JUDGE

                                                                                    JUDGE

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