BAQIR HUSSAIN vs THE STATE
This matter comes before the Lahore High Court through a petition seeking pre-arrest bail in respect of case F.I.R. No. 145 of 2007 dated 24-3-2007 registered under section 489-F of the Pakistan Penal Code 1860 at Police Station Chung, Lahore, concerning the alleged issuance of dishonoured cheques. The core legal question before the court was whether pre-arrest bail should be confirmed when the parties have effected a genuine compromise and the complainant is no longer inclined to prosecute. The court held that since the complainant affirmed the compromise in court and was unwilling to proceed with the prosecution, the ad-interim pre-arrest bail granted to the petitioner deserved to be confirmed. The key principle laid down is that where a compromise is reached between the parties in an offence compoundable or where the complainant explicitly declines to prosecute, the court will respect such settlement and confirm bail accordingly.
- Whether pre-arrest bail can be confirmed on the basis of a compromise between the parties?
- Can a court force a complainant to prosecute a matter when they are not inclined to do so?
- Section 489-F, Pakistan Penal Code 1860
ORDER
' TARIQ SHAMIM, J.---Through this petition the petitioner seeks pre-arrest bail in case F.I.R No, 145 of 2007 dated 24-3-2007, for offence under section 489-F, P.P.C, registered at Police Station Chung, Lahore.
2. The brief facts of the case are that the petitioner is alleged to have given two cheques to the complainant which when presented to the Bank for encashment were dishonoured.
3. The learned counsel for the petitioner at the very outset has contended that a compromise has been effected between the parties and, therefore, ad. Interim pre-arrest, bail allowed to the petitioner merits to be confirmed. He has placed on record a copy of the agreement duly executed between the parties.
4. The complainant is present in Court with his learned counsel who affirms the factum of compromise having been effected with the accused. The learned Deputy Prosecutor-General has no objection if the bail of the petitioner is confirmed.
5. I have heard the learned counsel for the parties and perused the record.
6, The complainant is present in Court who affirms that a compromise has been effected between, the parties and has acknowledged having entered into an agreement with the accused, a copy of which has been placed on record. Since the complainant is not inclined to prosecute this matter, therefore, this Court cannot force him to do so. As the learned Deputy Prosecutor-General has also not opposed the petition, therefore, this petition is allowed and the ad interim pre arrest bail granted to the petitioner vide order dated 22-6-2007 is confirmed subject to his furnishing fresh bail bond in the sum of Rs,2,00,000 with one surety in the like amount to the satisfaction of learned trial Court.