MUHAMMAD ISHAQUE alias MUHAMMAD ISHAQUE AHMAD vs THE STATE
This matter pertains to a petition for pre-arrest bail filed by the petitioner, Muhammad Ishaque, in connection with F.I.R. No. 9 of 2006, registered at Police Station Mitha Tiwana, District Khushab, for an offence under Section 337-A(ii)/34 of the Pakistan Penal Code 1860. The core legal question before the Court was whether the petitioner was entitled to the confirmation of pre-arrest bail following a compromise reached between the parties. The Court observed that the complainant, who was the sole injured party, appeared in person and confirmed that a compromise had been effected, explicitly stating he no longer wished to prosecute the case. Furthermore, the State counsel did not oppose the bail application, acknowledging the compoundable nature of the offence. Consequently, the Court held that given the compoundable nature of the offence and the complainant's lack of objection, the petitioner was entitled to relief. The Court confirmed the interim pre-arrest bail, establishing the principle that where an offence is compoundable and the injured party expresses a clear intent to compromise, such factors are sufficient grounds for confirming bail.
- Does a compromise between the parties in a compoundable offence justify the confirmation of pre-arrest bail?
- Is the absence of opposition from the State counsel a relevant factor in granting bail in compoundable offences?
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
ORDER
' M. BILAL KHAN, J.---Muhammad Ishaque alias Muhammad Ishaque Ahmad, son of Muhammad Mushtaq the petitioner seeks pre-arrest bail in case F.I.R. No.9 of 2006, dated 9-1-2006 registered at Police Station Mitha Tiwana District Khushab, for an offence under section 337-A(ii)/34, P.P.C.
2. The case had been registered at the instance of Tahir Hassan son of Noor Hassan, caste Qureshi, wherein it was alleged that the petitioner had caused a sota blow to him which had landed on the left side of his head. Likewise Muhammad Ishtiaq co-accused had also caused injury to him with a Sota.
3. The petitioner's plea for pre-arrest bail had been turned down by the learned Additional Sessions, Judge Khushab, vide order, dated 24-1-2006. Hence the instant petition.
4. I have heard the learned counsel for the parties and have perused the record brought by Mehmood Akhtar, A.S.-I. Police Station, Mitha Tiwana, District Khushab.
5. At the outset, the learned counsel for the petitioner as also the learned counsel for the complainant submitted that a compromise has been effected between the parties and that the offence charged with is compoundable. Tahir Hassan, complainant is in attendance. He has been identified by Mr. Sadaqat Mehmood Butt, Advocate. Photostat copy of his National Identity Card No. 38201-1251349-5 has been brought on the record. Besides being the complainant, he is the only one who suffered injury. He has categorically submitted in the Court that a compromise has taken place between the parties and that he does not wish to prosecute his case bearing F.I.R. No.9 of 2006 any further. The learned State Counsel submitted that since the offence charged with is compoundable and a compromise has taken place, therefore, he would not oppose the grant of bail to the petitioner.
6. Since the offence with which the petitioner has been charged with is compoundable and the complainant/injured in attendance has no objection if the interim pre-arrest bail allowed to the petitioner is confirmed, therefore, I am inclined to allow this application.
7. Resultantly this petition is allowed and the interim pre-arrest bail granted to the petitioner in terms of this Court's order, dated 24-1-2006 is hereby confirmed.