MUHAMMAD SADIQ vs State Ss — 2025 PLD 31 PESHAWAR-HIGH-COURT

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MUHAMMAD SADIQ VS State Ss. 35, 397 & 544-a---Penal Code (XLV of 1860), Ss. 302(b), 324, 449, 337-a(iii) & 337-F(iii)---Qatl-i-amd, attempt to commit qatl-i-amd, house trespass, shajjah-i-hashimah, ghayr-jaifah-mutalahimah---Constitutional petition---Diyat, payment of---accused filed petition for allowing him to pay the amount of diyat, fine and compensation in installments---Trial Court convicted the petitioner and awarded sentences with different amount of fine/compensation---Held, that fine has been prescribed as a distinct and independent punishment and therefore, in addition to the main/substantive punishment, the Court can award a punishment of fine, wherever it is provided under the Penal Code---Careful perusal of S. 35 read with S. 397 of Cr.P.C shows that in the matter of awarding sentences for different offences in a criminal trial, the Court has been given discretion to order that sentences so awarded for different offences in the same trial may commence one after the other in such manner, as the Court directs---at the same time, the Courts have been given discretion to pass an order that such punishments shall commence simultaneously and run concurrently---However, in the matter of punishment/s of fines, or in default to undergo simple imprisonment for certain terms, no such powers or discretion have been given to the Courts and in such case, the simple imprisonment in default of payment/s of fines shall run one after another or consecutively---Thus, the sentences of fine and in default thereof, to undergo simple imprisonment for two and three months respectively, shall run consecutively---Since the petitioner was ready to pay the amount of diyat, fine and compensation, therefore the petition was disposed of accordingly.

MUHAMMAD SADIQ vs State Ss — 2025 PLD 31 PESHAWAR-HIGH-COURT

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