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RIAZ HUSSAIN vs State S — 2022 PCrLJ 1793 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PCrLJ 1793 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PCRLJ
Parties
RIAZ HUSSAIN vs State S
Subject matter
Criminal
Provisions referred to
S. 337-Y; S. 382-A; Criminal Procedure Code (V of 1898)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

RIAZ HUSSAIN VS State S. 337-Y(1a)---Criminal Procedure Code (V of 1898), Ss. 382-A, 417(2)(A) & 561-A---Diyat, Arsh and Daman Fund Rules, 2007, R. 11---Daman, return of---Executed sentence---Accused after conviction by Trial Court deposited amount of Daman and filed appeal---Lower Appellate Court allowed appeal and acquitted the accused---Applicant was injured witness who was aggrieved of direction issued by Trial Court to return amount of Daman received by him---Validity---In absence of any express provision of law, it was not lawful for a Court to allow convict to deposit such amount of "Diyat, Arsh and Daman" under protest for his release except as required under S. 337-Y(1a), P.P.C.---Any departure from such procedure amounted to act without lawful authority not liable to sustain in law---Accused upon pronouncement of conviction and awarding punishment of "Daman" by Trial Court immediately deposited the amount and secured his release---Punishment of accused was not postponed in the manners contemplated by S. 382-A, Cr.P.C, rather it stood executed---Appeal filed by accused was incompetent and Lower Appellate Court had failed to examine such aspect of maintainability of appeal, as the Court was bound to examine question of maintainability before passing any order thereon---Order of acquittal was of no consequences as the same was illegal, without jurisdiction and could not sustain in the eye of law---High Court set aside order directing applicant to reimburse amount of "Daman" as such order was illegal---Application was allowed accordingly.

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