Faisal Amin and 3 others vs The State through A.G. Office Peshawar and another
This matter concerns a post-arrest bail petition filed by accused-petitioners charged under Sections 365, 377, 506, 392, 148, and 149 of the Pakistan Penal Code 1860, following allegations of abducting and committing an unnatural offence against a transgender person. The core legal question was whether the accused were entitled to bail, particularly in light of a purported compromise reached with the complainant party. The Peshawar High Court dismissed the bail petition, holding that the accused were prima facie connected to the commission of a serious offence that affronts collective morality and norms. The Court emphasized that the offences charged are not compoundable, rendering the compromise irrelevant at the bail stage. Furthermore, the Court noted that the victim, belonging to a vulnerable segment of society, had directly nominated the accused, and the medical evidence supported the prosecution's version. The Court laid down the principle that in cases involving heinous offences against vulnerable individuals, a compromise between parties cannot be considered for the grant of bail, especially when the offence is non-compoundable and falls within the prohibitory limb of Section 497, Code of Criminal Procedure 1898.
- Can a compromise between the complainant and the accused be considered for the grant of bail in non-compoundable offences?
- Does an offence under Section 377 of the Pakistan Penal Code 1860 fall within the prohibitory limb of Section 497 of the Code of Criminal Procedure 1898?
- Is a victim's direct nomination of the accused in a statement under Section 164 of the Code of Criminal Procedure 1898 sufficient to deny bail at the tentative assessment stage?
- 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, C.J.---Accused-petitioners seek their release on bail in case FIR No.2086, dated 19.10.2021, under Sections 365/377/506/ 392/148/149, P.P.C. of Police Station City, District Mardan with the allegations that they had abducted transgender Zakir alias Anmol, severely beat her and thereafter committed unnatural offence 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 assessm ent of the available record, the accused-petitioners are prima facie connected with the commission of the offence, which 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.