Eijaz Alam vs The State
This matter concerns a post-arrest bail application filed by the accused, Eijaz Alam, who was charged in an F.I.R. regarding a shooting incident that resulted in the death of the complainant's son. Initially booked under Section 302 of the Pakistan Penal Code 1860, the police investigation subsequently reclassified the offense as Qatl-e-Khata, falling under Section 319 of the Pakistan Penal Code 1860. The core legal question before the court was whether the accused should be granted bail in light of a compromise reached between the parties. The complainant submitted an affidavit stating that he had amicably resolved the matter with the accused, forgiven him in the name of the Almighty, and had no objection to the grant of bail. The State did not oppose the application. Consequently, the court held that in view of the compromise and the lack of opposition from the State, the accused was entitled to bail. The court granted the application subject to the accused furnishing a surety bond in the sum of Rs. 25,000/- to the satisfaction of the trial court.
- Can an accused be granted bail when the complainant has entered into a compromise and forgiven the accused?
- Does the lack of opposition from the State influence the court's decision in a bail application involving a compromise?
- Section 302, Pakistan Penal Code 1860
- Section 319, Pakistan Penal Code 1860
1. ORDER KHAWAJA NAVEED AHMED, J. - This bail application on behalf of applicant Ejaz Alam son of Saddar Alam, who was booked in case F.I.R. No. 273/2007 under Section 302, P.P.C, of Police Station Pakistan Bazar, Karachi.
2. Brief facts of the case are that complainant Muhammad Gul Sher had lodged F.I.R, on 23.11.2007 at 1515 hours in respect of an accident which had taken place on 22.11.2007 at 2245 hours at Gali No. 8, Arkiyana Colony, Sector 16, Gulshan-e-Bihar, Orangi Town, Karachi. The complainant has stated that his son Muhammad Naseem aged about 20 years, after closing his shop at 9 a.m. Was going to his house. On the way he went to Gali No. 8, Arkiyana Colony, Sector 16, Gulshan-e-Bihar, Orangi Town, Karachi, to meet his friends. At 11 p.m. The complainant was informed at home that one bullet had hit his son Naseem on his thigh and he has been taken to Goriyan Hospital. The complainant reached there and found his son in injured condition. He alongwith his other son Qaiser had taken the injured Naseem to Abbasi Shaheed Hospital, Karachi, where the died due to the injury, it is stated in the F.I.R, that in Gali No. 8 there was wedding of Iqbal Dibbo's brother, in which one guest Ejaz son of Saddar Alam had fired from his pistol, which hit his son Naseem on the right thigh. The accused was arrested, police investigated the matter and found it a case of Qatl-e-Khata, which falls under Section 319, P.P.C.
3. Mr. Aamir Mansoob Qureshi, learned counsel for the applicant his filed alongwith this application in affidavit of the complainant Muhammad Gul Sher son of Abdul Rasheed, who states in paragraph No. 4 as under:- "4. That. I say that I have amicably patch-up with the accused and I being complainant has forgiven the accused Ejaz Alam s/o Saddar Alam and if the accused he granted bail I have no objection, as we both the parties-had already patch-up the matter at the very begging, therefore, incarceration for indefinite period is amount to Violation of Natural Justice and denial the liberty, and the fundamental rights of the accused Ejaz Alam which also would not serve any purpose as.
4. The I being complaint had already forgiven the applicant on the name of ALMIGHTY ALLAH."
5. Ms. Kausr Nazi, learned counsel for the State, does not oppose the bail application, In the circumstances, bail is granted to the applicant-on furnishing surety in the sum of Rs. 25,000/- and P.R. Bond in the like amount to the satisfaction of the Trial Court.