Faisal Amin & two others vs The State
This matter concerns a post-arrest bail petition filed by three accused persons charged under FIR No. 2086 for offences including abduction, unnatural offence, and criminal intimidation against a transgender victim. The core legal question was whether the accused were entitled to bail, particularly given their claim of a compromise with the complainant party. The Peshawar High Court, upon tentative assessment of the record, noted that the victim had consistently implicated the accused in her statements under Section 161 and Section 164 of the Code of Criminal Procedure 1898, and that medical evidence corroborated the prosecution's version. The Court held that the offences charged were serious, affronted societal morality, and fell within the prohibitory limb of Section 497 of the Code of Criminal Procedure 1898. Furthermore, the Court established that a compromise between parties cannot be considered for bail in non-compoundable offences. Consequently, the Court dismissed the bail petition, emphasizing that the accused were prima facie connected to the commission of the offence and thus disentitled to the concession of bail.
- Can a compromise between the parties be considered for the grant of bail in non-compoundable offences?
- Does an offence falling under the prohibitory limb of Section 497 of the Code of Criminal Procedure 1898 automatically disentitle an accused to bail?
- Is a tentative assessment of the record sufficient to deny bail in cases involving serious offences?
- Section 365, Pakistan Penal Code 1860
- Section 377, Pakistan Penal Code 1860
- Section 506, Pakistan Penal Code 1860
- Section 392, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 161, Code of Criminal Procedure 1898
- Section 164, Code of Criminal Procedure 1898
- Section 497, Code of Criminal Procedure 1898
ORDER
QAISER RASHID KHAN, CJ:- Accused-petitioners seek their release on bail in case FIR No.2086, dated 19.10.2021, under Sections 365/377/506/392/148/149 PPC of Police Station City, District Mardan with the allegations that they had abducted trans gender Zakir alias Anmol, severely beat her and thereafter committed unnatural of fence with her .
2. Arguments heard and the available record perused.
3. Initially , as per the FIR ibid, the complainant namely Mehboob alias Zamrud had charged the accused-petitioner Fazal Amin along with 3/4 other unknown accused for the abduction of the transgender Zakir Ali alias Anmol .
After recovery , the said abductee recorded her statement under section 161 Cr.P.C. on 19.10.2021 narrating the details as to how she was abducted by the accused-petitioners, severely beat her and also subjected her to unnatural offence. On 22.10.2021, the abductee also recorded her statement under section 164 Cr.P.C. with the same narration.
4. The argument of the learned counsel for the accused-petitioners is that the latter have been falsely implicated in the case FIR and also that they have effected a compromise with the complainant party , who have expressed their no objection over the release of the accused-petitioners on bail.
5. The victim namely Anmol has directly nominated the accused-petitioners for the cruel treatment meted out to her and that too, because of her gender . Such class of citizens mostly belong to the poor and vulnerable segment of the society . Of late, it has been noticed that they are subjected to such cruel and unhuman treatment in the routine and the case of the accused-petitioners is no different. The medical report of the victim is also in line with the prosecution version.
6. So far as the compromise effected between the parties is concerned, it needs no reiteration that the offence for which the accused-petitioners are charged with is not compoundable. Such plea in like manner cases cannot be taken into consideration at the bail stage.
7. Thus taking a tentative assessment of the available record, the accused-petitio ners are prima facie connected with the commission of the offence, which is not only serious in nature but is also an affront to the collective morality and norms of the society and attracts the prohibitory limb of section 497 Cr.P.C. Therefore, I hold the accused-petitioners disentitled to the concession of bail.
8. Resultantly , this bail petition stands dismissed.