Haji MUHAMMAD BOOTA vs STATE and another
This petition was filed by the petitioner seeking the grant of pre-arrest bail in a case registered under Sections 457 and 380 of the Pakistan Penal Code 1860, involving allegations of theft of mobile phones and cash from the complainant's shop. The core legal question was whether pre-arrest bail could be confirmed based on an out-of-court settlement and an exonerating affidavit from the complainant, despite the alleged offences being non-compoundable. The Lahore High Court held that since the complainant submitted an affidavit exonerating the petitioner and was unwilling to support the prosecution's charge, the case required further inquiry. Consequently, the Court confirmed the ad-interim pre-arrest bail under Section 497(2) of the Code of Criminal Procedure 1898. The key principle laid down is that where a complainant exonerates the accused through an affidavit and refuses to support the prosecution, the case falls within the ambit of further inquiry, justifying the confirmation of bail even if the offences are non-compoundable.
- Can pre-arrest bail be confirmed on the basis of an out-of-court settlement if the alleged offences are non-compoundable?
- Does an affidavit by the complainant exonerating the accused bring the case within the ambit of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
- Section 457, Pakistan Penal Code 1860
- Section 380, Pakistan Penal Code 1860
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' This petition is moved by Haji Muhammad Boota, petitioner for the grant of pre-arrest bail in case FIR No, 922 dated 8.12.2014 registered under Sections 457, 380, PPC at Police Station Model Town, District Vehari.
2. Allegation against the petitioner is that he along with his co-accused committed theft at the shop of the complainant and took away mobile phones and cash amount.
3. Complainant Rao Muhammad Akbar present in Court has submitted Affidavit whereby he has exonerated the petitioner mentioning therein that he has settled the dispute with the petitioner and he has no objection to the acceptance of his pre-arrest bail petition.
4. Learned law officer after going through the police file has submitted that the parties have effected compromise outside the Court.
5. Heard. Record perused.
6. Though the offences allegedly committed by the petitioner are not compoundable but the fact is that complainant is not ready to support the charge against the petitioner-accused before the Court. He has submitted an Affidavit in this respect which has been placed on the file as ' Mark-A'.
In the circumstances case of the petitioner needs further probe falling within the ambit of Section 497(2), Cr.P.C. Resultantly, this petition is accepted and the ad-interim pre-arrest bail already granted to the petitioner by this Court is confirmed subject to his furnishing fresh bail bonds in the sum of Rs, 1,00,000/- with one surety in the like amount to the satisfaction of the trial Court.