MUHAMMAD AWAIS SAEED vs TARIQ MEHMOOD and another
This matter arises from a criminal petition filed before the Lahore High Court challenging the pre-arrest bail granted to the respondent by the Additional Sessions Judge in FIR No. 310 dated 28.4.2005 under Section 489-F of the Pakistan Penal Code 1860, registered at Police Station Qila Gujjar Singh. The core legal question concerned the propriety of granting bail while investigation was still afoot. During the proceedings, the parties entered into a compromise whereby the respondent agreed to discharge a financial liability of Rs. 1,50,000/- to the petitioner within a period of six months, and the FIR was agreed to be pursued for cancellation upon full payment. The Court held that in view of the compromise and the circumstances of the case, the FIR shall be kept in abeyance until March 1, 2006, and would automatically be activated if the respondent failed to make the payment. The key principle laid down is that criminal proceedings arising from financial liabilities may be held in abeyance to facilitate mutually agreed settlements between parties.
- Can criminal proceedings under Section 489-F of the Pakistan Penal Code 1860 be held in abeyance based on a compromise between the parties?
- Whether bail granted while investigation is afoot warrants interference by the High Court?
- What is the legal effect of a failure to fulfill financial commitments made pursuant to a compromise in a criminal case?
- Section 489-F, Pakistan Penal Code 1860
ORDER
1. The matter pertains to case F.I.R. No, 310 dated 28.4.2005 registered at Police Station Qila Gujjar Singh. under Section 489-F PPC.
2. Pursuant to the orders of the learned Additional Sessions Judge dated 24.5.2005, the respondent obtained his bail which has been challenged before this Court on the ground simplicitor that the bail as granted at a time when the investigation was still a foot and thus the investigational 'agency was deprived of its function.
3. The respondent was sent a notice and he is before this Court with his learned counsel. In the meanwhile, parties have entered into a compromise which takes the shape of a document Mark-A, to be placed on the file. Whereby the respondent has agreed to discharge his liability of Rs, 1,50,000/- payable to the petitioner, but he is not in a sound financial Position at the moment and, therefore, is asking for a six months' period for making such a payment. There is also an agreement that after he makes the payment, the F.I.R. under reference will be pursued for its cancellation.
4. In view of the agreement inter-se the parties and the circumstances of this case, the F.I.R. under reference shall be held in abeyance until 1st of March, 2006, and if the respondent fails to pay this amount, it shall be get activated ipso facto.
5. With these observations, this Crl: Misc. stands disposed of. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.