331. Payment of diyat.--(1) The diyat may be made payable in lump sum or in instalments spread over a period of [Five years] from the date of the final judgment.
(2) Where a convict fails to pay diyat or any part thereof within the period specified in sub-section (1), the convict may be kept in jail and dealt with in the same manner as if sentenced to simple imprisonment until the diyat is paid full or may be released on bail if he furnishes security or [or surety] equivalent to the amount of diyat to the satisfaction of the Court [or may be released on parole as may be prescribed in the rules].
(3) Where a convict dies before the payment of diyat or any part thereof, it shall be recovered from his estate.
COMMENTARY
Scope. Recovery of diyat, Irsh and Daman. After serving out substantive sentence of imprisonment, keeping a convict in jail for non payment of Diyat, irsh or Daman owing to the incapacity of the convict or because he is not in a position to furnish security for his bail is a punishment and not only incommensurate with the additional compensatory punishment but also offensive to human dignity. Human being cannot be allowed to rot in jail like a vegetable or to dye in an iron cage like an animal merely because for no fault his own. Destitute convicts at any stage of the matter shall be entitled to apply for assistance from Zakat Fund or Bait ul Maal towards such payment of diyat, irsh and daman or fine. PLD 2002 Lah 482.
U/S. 331 PPC High Court can order for payment of `Diyat' amount in 36 easy instalments within period of 3 years or in lumpsum. Appellant is ordered to be released from Jail provided he furnishes bail bonds in sum of Rs. 1,75,000/- with two sureties in like amount to the satisfaction of trial Court. Appellant is directed to pay `diyat' amount to minor sons and daughters and also to father of deceased in 36 instalments which will be payable within 3 years. First instalment shall be paid on specified date and same will be deposited before learned Sessions Judge, on said date. In case appellants fails to deposit any instalment he shall be taken into custody and shall be sent to Jail back. PLJ 2001 Cr.C. (Lahore) 526.
Convicts, who had no source of income to pay amount of Diyat, were ordered to be released u/S. 331(2) by learned Division Bench of High Court. Similar was position in case of Abdul Majeed Vs. State (2000 YLR 418 Lahore). Relying upon these authorities petitioners released on bail u/S. 331(2) PPC subject to their furnishing bail bonds/surety bonds to the tune of Diyat amount to the satisfaction of Deputy Registrar (Judicial) of High Court. PLJ 2003 Cr.C. (Lahore) 338.
High Court released convict petitioner for a period of three years on bail to make arrangement for payment of Diyat to legal heirs of deceased. 2006 P.Cr.R. 355.
Convicts having no source of income to pay amount of Diyat as ordered by Supreme Court released on bail under S. 331(2) by accepting their petition under S. 561-A, Cr.P.C. subject to furnishing of bail bond/surety bond to the tune of Diyat amount. NLR 2001 Crl. 98.
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