Abdul Majeed Versus The State Abdul Majeed vs The State
This matter concerns a petition for confirmation of pre-arrest bail filed by Abdul Majeed and Muhammad Jehangir, who were booked under FIR No. 229/08 for various offences including hurt and theft. The core legal question was whether pre-arrest bail should be confirmed when the complainant has entered into a compromise with the accused, despite some offences being non-compoundable. The Court held that the bail should be confirmed. The ratio of the decision is that when the primary offences are compoundable and the parties have reached a settlement to live cordially, ancillary offences should not obstruct the effectuation of that compromise. The Court emphasized that laws are intended for societal betterment and peaceful coexistence. Consequently, the significance of potential recoveries diminishes upon compromise, and detaining the petitioners serves no useful purpose. The Court confirmed the pre-arrest bail subject to the furnishing of fresh bail bonds, prioritizing the resolution of disputes and the restoration of peace between the parties over strict adherence to technicalities regarding non-compoundable ancillary offences.
- Can pre-arrest bail be confirmed when the complainant has entered into a compromise with the accused?
- Should ancillary non-compoundable offences prevent the effectuation of a compromise in a criminal case?
- Does a compromise between parties render the issue of recoveries insignificant for the purpose of bail?
- Section 337-A(i), Pakistan Penal Code 1860
- Section 337-A(ii), Pakistan Penal Code 1860
- Section 337-E(iii), Pakistan Penal Code 1860
- Section 379, Pakistan Penal Code 1860
- Section 351, Pakistan Penal Code 1860
- Section 341, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
ORDER S. ALI HASSAN.RIZVI, J. -- Abdul Majeed and Muhammad Jehangir petitioners seek, bail before arrest in case F.I.R. No. 229/08, dated 9.8.2008 for offences under Sections 337-A(i)/337- A(ii)/337-E(iii)379/351/341/148/149, P.P.C, registered at Police Station Malika Hans, District Pakpattan Sharif.
2. The complainant who was injured alongwith Sh. Sajid Ali in this case, has stated that he has compromised with the petitioners and that he would have no objection if bail before arrest granted to them on 13.2.2009 by this Court is confirmed His thumb impression/signatures are taken on the margin.
3. The injuries attributed to Muhammad Jehangir and Abdul Majeed petitioner fall under Section 337-A(i)/337- A,(ii); P.P.C. Both the offences are compoundable.
4. All the offences except Sections 148/379, P.P.C., are commendable when main offences have been compounded, Section 148/379, P.P.C, may not be allowed to operate as tyrant master in the way of effectuating compromise. Laws are framed for-the betterment and peaceful living of the society, and when the parties come down to terms and throw their weapons to' live cordially in future, the Court should also be helpful, In the light of statement of the complainant, question of recoveries in this case will pale into insignificance. No useful purpose is likely to be served in giving the petitioners either in Police custody or judicial lock-up. I, therefore, confirm bail before arrest granted to the petitioners vide order dated 13.2.2009 subject to their furnishing fresh bail bonds in the sum of Rs. 50,000/- each with one surety each or in the like sum to the satisfaction of the Trial