Ahmad Ali Yousafzai vs The State
This matter concerns two bail applications filed by accused-petitioners Ahmad Ali Yousafzai and Muhammad Asim, who were charged under Section 506/34 of the Pakistan Penal Code 1860, read with Section 7-H of the Anti-Terrorism Act 1997, in connection with FIR No. 78. The petitioners challenged the refusal of bail by the Anti-Terrorism Court. The core legal question was whether bail could be granted in a non-compoundable offence when the complainant and the accused have reached a compromise and the complainant is unwilling to pursue the prosecution. The Peshawar High Court held that while the offence under the Anti-Terrorism Act 1997 is not compoundable, the complainant's refusal to depose against the accused renders the case one of further inquiry. The Court established the principle that where a complainant voluntarily forgives the accused and enters into an outside-court settlement, this serves as a valid ground for granting bail in the interest of justice and equity, as courts should not compel prosecution when the complainant is unwilling to proceed, especially where co-accused have already been granted bail on similar grounds.
- Can bail be granted in a non-compoundable offence if the complainant has compromised the matter with the accused?
- Does the unwillingness of a complainant to depose against the accused constitute a ground for further inquiry under bail law?
- Should courts compel the prosecution of a case when the complainant party is no longer willing to pursue the matter?
- Section 506, Pakistan Penal Code 1860
- Section 34, Pakistan Penal Code 1860
- Section 7-H, Anti-Terrorism Act 1997
1. WAQAR AHMAD SETH,J:- Through this single judgment I propose to dispose of the instant Bail Application No.374-P of 2015 (Ahmad Ali Yousafzai... Vs... The State) as well as the connected Bail Application No.407-P of 2015 (Muhammad Asim.........Vs... The State) as both of them are the out come of one and the same FIR No.78 dated 29/12/2014.
2. 2- Accused-petitioners Ahmad Ali Yousafzai and Muhammad Asim facing prosecution in case FIR No.78 dated 29/12/2014 under section 506/34 PPC read with section 7-H Anti Terrorism Act registered at Police Station, CTD, Peshawar were refused bail by the learned Judge, Anti-Terrorism Court-II, Peshawar vide his order dated 21/02/2015.
3. 3- Arguments heard and record perused.
4. 4- At the very out set learned counsel for the parties stated that the complainant and his family has patched up the matter with the present accused-petitioners according to law and customs of the area and is not ready to charge them in any manner. A written compromise deed has also been placed on file wherein the complainant has stated that he has compromised the matter with the accused-petitioners through the intervention of the elders of the locality and has pardoned them in the name of Almighty Allah and do not want to proceed further against them and he has no objection, if they are released on bail.
5. Although the offence of section 7 of Anti-Terrorism Act is not compoundable but when the complainant is not ready to depose against the accused-petitioners then no other evidence would be collected sufficient for their conviction, therefore, the case against them is made out for further inquiry. However, the fact the parties have themselves voluntarily forgotten and forgiven a certain crime and have entered into an outside Court settlement, may be considered as a ground for the grant of bail in the interest of justice and equity. If the complainant party is no longer willing tom prosecute a matter any further then it is not for this Court or the Courts subordinate to it to compel the parties to do so. Furthermore co-accused of the accused petitioners have already been allowed bail on the basis of compromise, thus they are also entitled to the same concession.
5. 6- Resultantly, both the bail applications are accepted on the basis of compromise and the accused-petitioners are admitted to bail provided each of them furnishes bail bond in the sum of Rs.5,00,000/- with two sureties each in the like amount to the satisfaction of Illaqa Judicial Magistrate, who shall ensure that the sureties are local, reliable and men of means.
6. The above are the reasons of my short order of even date.