SHAFAQAT HUSSAIN vs THE STATE
This matter concerns a petition for post-arrest bail filed by the accused, Shafaqat Hussain, in connection with F.I.R. No. 1264/2008, registered under Section 17/22 of the Emigration Ordinance 1979 and Sections 3/4 of the Human Trafficking Ordinance 2002 at Police Station FIA, P.C. Gujranwala. The core legal question was whether the petitioner could be admitted to bail based on a compromise reached between the parties involving the partial restitution of the disputed amount. The Court, noting that the petitioner offered to pay half of the disputed sum and that the complainant had accepted this offer and received the payment of Rs. 150,000, allowed the petition. The Court held that the petitioner is admitted to bail subject to furnishing bail bonds. The key principle laid down is that in cases involving financial disputes, a compromise or undertaking regarding the restitution of funds, accepted by the complainant, can serve as a valid ground for the grant of post-arrest bail, provided that the rights of the parties are protected in the event of subsequent conviction or acquittal.
- Can a compromise involving partial restitution of a disputed amount serve as a ground for granting post-arrest bail?
- Is a court empowered to impose conditions regarding the return of funds in the event of acquittal or conviction as part of a bail order?
- Section 17, Emigration Ordinance 1979
- Section 22, Emigration Ordinance 1979
- Section 3, Human Trafficking Ordinance 2002
- Section 4, Human Trafficking Ordinance 2002
ORDER
' MIAN MUHAMMAD NAJAMUZ-ZAMAN, J.---Seeks post-arrest bail in case F.I.R. No, 1264/2008 dated 18-10-2008 for the offence under section 17/22 of E.O. 1979 and sections 3/4 of HTO, 2002 registered at Police Station FIA, P.C. Gujranwala, on the ground of compromise between the parties.
2. On the last date of hearing, learned counsel for the petitioner made an offer that petitioner is ready to pay half of the disputed amount and the remaining amount would be paid if prosecution succeeds in proving case against the petitioner before the trial Court. This offer was accepted by the counsel for complainant.
' In view of the said undertaking today complainant of this case namely Tabassum Hussain son of Muhammad Hussain holder of CNIC No, 342015586204-L (Photostat copy of the CNIC has been placed on record) has received behalf of the disputed amount i.e, Rs,150,000 (Rupees One Hundred and Fifty Thousand only).
3. For the said reasons, this petition is allowed and petitioner is admitted to bail subject to his furnishing bail bonds amounting to Rs,100,000 (rupees one lac) with one surety in the amount to the satisfaction of D.R. (Judicial) of this Court.
' It is made clear that in case petitioner stands convicted by the trial Court he shall pay the remaining amount i.e, Rs,150,000 to the complainant and on the other hand complainant would be responsible for the return of the amount received by him today, in case of acquittal of the petitioner from the charge.