Cr. Revision No: D-80/2010
1. For Katcha Peshi
2. For hearing of MA 3958/2010
Mr. Ubedullah Ghoto for the Applicant.
Mr. Zulfiqar Ali Jatoi, DPG.
Vide order, dated 16-07-2010, learned Sessions Judge, Ghotki accepted the compromise between the parties in Special Sessions Case No. 201/1997 with the directions to pay Diyat amount in four months to the extent of minor legal heirs of deceased Mohammad Ameen in the sum of Rs. 1,51,348.20 for each minor in four installments and in case of default in payment of monthly installments, the accused shall be remitted to custody to suffer simple imprisonment till the payment of Diyat amount.
Today, learned counsel for the applicant filed an application in Court under Section 561-A, Cr.P.C in which he has prayed that the accused may be allowed to pay the Diyat amount to the minor legal heirs of deceased namely Akhlaque Ahmed, Ali Nawaz and Mohammad Din in easy installments i.e. one installment per year from 18-09-2010. In the same application, he further submitted that the Wali of minors namely Abdul Qadir has also consented to the above installments because the accused and the legal heirs of deceased are related to each other.
The compromise application, submitted in the Trial Court, shows that it was moved by Abdul Qadir, who is elder son of deceased and Wali of minors and on the basis of said application, the compromise was accepted by the learned Trial Court.
Since Abdul Qadir, being the elder son of deceased, for self and as Wali of minors, has consented to the application and also endorsed his no objection, this application is allowed with directions that all the installments will be deposited by the accused with the Nazir of District and Sessions Judge, Ghotki, who will invest the amount in some Government profit bearing scheme and as soon as the minors will attain majority, the amount shall be released to them on proper verification by the Nazir of District and Sessions Judge, Ghotki. In the event of any default in the payment of installments, the accused shall be remitted to the custody and will be released only on furnishing solvent surety equivalent to the unpaid amount of Diyat.
This Criminal Revision along with the listed application is disposed of in the above terms.
Judge
Judge
Rashid