ABBAS ALI vs THE STATE
This matter comes before the Sindh High Court through a bail application filed by Abbas Ali seeking post-arrest bail in a criminal case. The core legal question concerns the grant of bail to an accused on the basis of a compromise between the parties where the offences charged are compoundable. The court held that in view of the compromise arrived at between the parties and the compoundable nature of the offences, the merits of the case do not require discussion, and the applicant is entitled to be enlarged on bail. The key principle laid down is that where a genuine compromise is reached between the complainant and the accused in compoundable offences, bail may be granted to the accused.
- Can bail be granted on the basis of a compromise between the parties in compoundable offences?
- Is it necessary to discuss the merits of a case when a valid compromise has been reached between the parties?
ORDER
1. ' MRS. YASMIN ABBASEY, J.---Complainant Tahir Hussain present in person and has made a statement that due to intervention of nekmards he has compromised with the applicant and co- accused Mehmood Mangi and has no objection if bail is granted to applicant Abbas on the ground of hardship.
2. ' Learned State counsel confirms that the person present in Court is the A complainant of this case.
3. ' In view of the compromise arrived at between the parties and that the offence charged are also compoundable, merits of the case need not to be discussed. The applicant is allowed to be enlarged on bail subject to his furnishing surety in the sum of Rs,5,00,000 (Five Lac) and P.R bond in the like amount to the satisfaction of learned trial Court.