SARTAJ vs LAL REHMAN and anothers
The petitioner, Sartaj, filed a fresh bail petition in a case registered under Section 17(4) of the Offences Against Property (Enforcement of Hudood) Ordinance, 1979, following the dismissal of a previous petition on merits. The core legal question was whether bail could be granted on fresh grounds when the complainant and witnesses had entered into a compromise with the accused, despite the offence being non-compoundable. The Court held that while the offence is not compoundable, the fact that the complainant and witnesses are unwilling to depose against the accused renders the prosecution's case weak, as no other evidence would be sufficient for conviction. Consequently, the Court determined that the compromise constituted a fresh ground making the petitioner's case arguable for bail. The Court allowed the bail petition, emphasizing that the lack of willingness by prosecution witnesses to testify significantly impacts the likelihood of conviction, thereby justifying the grant of bail in the interest of justice.
- Can bail be granted on fresh grounds if the complainant and witnesses have entered into a compromise with the accused in a non-compoundable offence?
- Does the unwillingness of prosecution witnesses to depose against an accused constitute a valid ground for the grant of bail?
- Section 17(4), Offences Against Property (Enforcement of Hudood) Ordinance 1979
' DOST MUHAMMAD KHAN, C.J.---Petitioner, Sartaj, is seeking bail in case F.I.R. No.274 dated 4-6-2011 registered for crime under section 17(4) of the Offences Against Property (Enforcement of Hudood)
Ordinance, 1979 by. Police Station Daudzai.
' Arguments heard and record perused.
2. At the very outset, learned counsel for the parties stated that the complainant and his family has patched up the matter with the present petitioner according to law and customs of the area and is not ready to charge the present petitioner in any manner whatsoever even before the trial court because of the compromise and that is why this fresh bail petition has been made albeit, the previous one was dismissed by this court on merits.
3. Although the offence for which the petitioner is charged is not compoundable but when the complainant and his witnesses are not ready to depose against the present petitioner, then, no other evidence would be sufficient for conviction of the accused-petitioner, hence, in view of the retrace made by the, complainant because of compromise, case of the petitioner on fresh ground has become arguable for grant of bail.
' Accordingly, this bail petition is allowed and the petitioner is granted bail in the sum of Rs.3,00,000 (Three lac) with two reliable sureties, each in the like amount, to the satisfaction of the Illaqa Judicial/ Duty Magistrate.