imprisonment on payment of proportional part of fine. Sentence of
death penalty awarded to accused by trial Court under S. 302,
P.P.C. on four counts was converted into life imprisonment, which
was to run concurrently with all benefits of S. 382-B, P.P.C.
Sentence awarded to accused under S. 307, P.P.C. for 10 years on
each count was also to run concurrently along with life
imprisonment. If worked out on consecutive basis, sentence of
accused in lieu of default in payment of fine on all counts would
come to 28 years and if accused was made to suffer said 28 years of
sentence then it would be violative of S. 65, P.P.C. which had
stipulated that term of imprisonment in default in payment of fine
would not exceed I/4th of term of imprisonment which was the
maximum fixed for the offences, if the offence be punished with
imprisonment as well as fine. Accused, in the present1 case, had
been awarded the maximum sentence pf life imprisonment.
Sentence in lieu of default in payment of fine could not exceed its
1/4^. Sentence of imprisonment awarded to accused in lieu of
default in payment of fine of each count would also run
concurrently so as not to exceed l/4th of the term of imprisonment
substantially awarded to him. Sentence of imprisonment awarded to
accused in lieu of default in the payment of fine on all counts, after
he had served out his substantial sentence of imprisonment, would
run concurrently. If accused, before expiration of the term of
imprisonment fixed in default of payment, offered to pay
proportionate amount of fine for the un-expired period of sentence,
then respondent. Authorities would, in compliance with S. 69,
P.P.C. and R. 44 of Pakistan Prisons Rules, make requisite
calculations of fine and upon its payment, would release accused
from jail in case if he was not required in any other case.
Disposal of notice intimating payment of fine.
Rule45. If a fine is paid in part or whole after a prisoner is
admitted in prison, the court receiving it will unless it has already
received back the prisoner's warrant, with an endorsement showing
that he has been released, notify the fact to the Superintendent.
This notification shall be attached with the warrant and
returned with it after the sentence has been carried out.
Notice intimating payment of fine to be forwarded to the prison
where the prisoner is transferred.
Rule46. When a prisoner whose sentence includes
imprisonment in default of payment of fine is transferred to some
other prison, the Superintendent of transferring prison is
responsible for seeing that notifications of payment of fine
received by him, are promptly forwarded to the prison in which the
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