LAL CHANI) and anothers vs THE STATE
The applicants sought post-arrest bail in Crime No.55 of 2004 registered under Section 17(3) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979 and Sections 398 and 324 of the Pakistan Penal Code 1860 at Police Station Khipro. The bail application was pressed on the ground that the matter had been amicably resolved through the intervention of community elders, and affidavits were filed showing that the complainant and prosecution witnesses had no objection to the grant of bail. The learned State counsel also raised no objection to the release of the applicants. The Sindh High Court held that in view of the compromise and reconciliation between the parties and the lack of objection from the State and the complainant, the applicants were entitled to bail. The court accordingly directed the release of the applicants on post-arrest bail subject to furnishing solvent surety and personal bonds.
- Whether post-arrest bail can be granted when the matter has been patched up through community elders and the complainant has no objection?
- Does a compromise between the parties serve as a valid ground for the grant of bail in non-bailable offences under the Pakistan Penal Code and Hudood Ordinances?
- Section 17(3), Offences Against Property (Enforcement of Hudood) Ordinance 1979
- Section 398, Pakistan Penal Code 1860
- Section 324, Pakistan Penal Code 1860
ORDER
1. ' Applicants are involved in Crime No.55 of 2004, Police Station Khipro, registered on the complaint of Sundar Das, under section 17 (3) Offences Against Property (Enforcement of Hudood) Ordinance, 1979, 398, 324, P.P.C. The bail is pressed on the ground that with the efforts of the elders of community, the matter has been patched up and that the complainant has no objection if the bail is granted.
2. ' The affidavits of the complainant and two P.Ws. Have been filed in the Court. The complainant along with P.Ws. Is present in the Court and has affirmed the fact that for the present he has no objection for grant of bail in view of resolution and reconciliation due to intervention by nectars of the community.
3. ' In the circumstances, learned State counsel has stated no objection.
4. For the above reason, the applicants are directed to be enlarged on bail on furnishing solvent surety in the sum of Rs.100,000 (Rupees one hundred thousand) each with PR bond in the like amount to the satisfaction of trial Court.
Cited by 1 case
- GHULAM MURTAZA and another vs GHULAM SHABIR and another 2014 PLD Sindh 126