TAHIR IQBAL Versus State
ORDER
ALI BAIG, J.--- Tahir Iqbal, Mehmood Alam, Inam-ur-Rehman, Faridullah, Rehmatullah, Khalid Mehmood and Wahidullah the petitioners/accused through the instant petition seek post arrest bail in case FIR No.15/2017 dated 27-5-2017 registered under sections 365, 368 and 341/34, P.P.C. and sections 6/7 ATA at Police Station City Astore.
2. Brief facts leading to the filing of this petition are that on 27-5-2017 the alleged abductees namely Abdul Ghafar and his daughter namely Mst. Saira were travelling in Coach from Rawalpindi to Astore. When they reached Dashkin Astore, the present petitioners/accused and some their co-accused armed with fire arms intercepted the said Coach/vehicle and got them down from the Coach and they fled away in a vehicle to an unknown location along with the abductees. Motive behind the occurrence is stated to be that Nikah of daughter of present complainant namely Mst. Tahira was solemnized/performed with the petitioner/accused Tahir Iqbal some two years back. Later on due to some difference between the couple the relations were broken between the two families.
3. It may be mentioned here that initially the petitioners/accused had filed an application for grant of bail in the Anti-Terrorism Court No.1 Gilgit which was dismissed by the learned Anti Terrorism Court No.1 Gilgit, therefore, the petitioners/accused filed an application for grant of bail in this Court and petitioners/accused had also filed an application in this Court for deletion of sections 6/7 ATA. This court vide consolidated order dated 13-9-2017 allowed one of the aforesaid applications of the petitioners/accused and case of the petitioners was transferred to the ordinary court i.e. Court of Sessions Judge Astore by deleting sections 6/7 ATA with the direction/observation that the petitioners/ accused will be at liberty to move fresh bail petition in the trial Court and the learned trial Court/Sessions Court Astore shall decide the bail application on merit.
4. The alleged abductee namely Abdul Ghafar had challenged the above mentioned order of this Court in the Hon'ble Supreme Appellate Court G.B. through Criminal Miscellaneous No.23/2017 in Cr. PLA No.40/2017. During pendency of the above mentioned petition before the apex Supreme Appellate Court the complainant/alleged abductee entered in to compromise with the present petitioners/accused on the intervention of the elders. Accordingly the Hon'ble Supreme Appellate Court directed that petitioners that since the case is pending in the Anti Terrorism Court Gilgit, therefore, the petitioners/accused or the complainant may file proper application along with compromise deed/affidavit if they so advised for appropriate order thereto.
5. In the light of above mentioned order of the Hon'ble Supreme Appellate Court the present petitioners/accused filed bail petition in the Anti-Terrorism Court Gilgit/vacations Sessions Judge, Gilgit which was dismissed by the learned vacations Sessions Judge Gilgit vide order dated 03-01-2018 as the learned Administrative Judge ATC Gilgit was on leave, hence this petition.
6. The learned counsel for the petitioners/accused contended that since the complainant party has compounded the matter with the petitioners/accused and they have no objection if the petitioners/accused are released on bail.
7. On the other hand the learned Dy. A.G. opposed the petition by contending that since the offences under sections 365-B and 368, P.P.C. and 6/7 ATA are not compoundable, therefore, bail cannot be granted on the basis of compromise.
8. I have given due consideration to the submissions made by the learned counsel for the petitioners/accused, learned Dy. A.G. and perused the record.
9. The alleged abductee namely Abdul Ghafar had appeared before this Court on 01-02-2018 and got recorded his statement which was recorded by the Registrar of this Court wherein he has stated that on the intervention of Jirga members namely Muhammad Saleem, Muhammad Umar Farooq, Shamir Wali and Mushtaq Ahmed notables of the area he and his wife do not want to proceed with the case against the petitioners/accused and they have no objection if the petitioners/accused are released on bail. The alleged abductee has also produced statement of complainant namely Mst. Bulbul Ara recorded by Magistrate Ist Class wherein she has also stated that she entered into compromise with the petitioners/accused and she has no objection if the accused/petitioners are released on bail as she does not want to proceed the case against the petitioners/ accused.
10. Admittedly, offences under sections 365-B and 368, P.P.C. and section 6/7 ATA are not compoundable. However, fact is that parties have voluntarily compounded the matter and the complainant party has forgiven the petitioners/accused and they have no objection if the petitioners/accused are released on bail. Compromise is a good ground for release of the petitioners/ accused persons on bail in the interest of justice as where the complainant party is no longer willing to prosecute the matter any further and court cannot compel the complainant party to do so. My view is also fortified by view expressed the Hon'ble Judges of superior courts in cases reported in 2004 PCr.LJ 490, 1995 MLD 1826, 1997 PCr.LJ 193, 1997 SCMR 1411 and 1999 PCr.LJ 1107.
11. In view of what has been discussed above this petition is allowed. Consequently, the petitioners/accused are admitted to post-arrest bail subject to their furnishing bail bounds in the sum of Rs. 300,000/- (three lac) with one surety each in the like amount to the satisfaction of the learned trial court. File.
JK/4/GB Bail allowed.