MUHAMMAD ANWAR Versus State Niaz Ahmad Rathore , Mehmood Raza, Additional Advocate-General Balochistan and Ms. Yasmin Sehgal

ORDER

IFTIKHAR MUHAMMAD CHAUDHRY, C.J.--- Muhammad Anwar, Ahmad Nasir sons of Haji Abdul Hameed and Haji son of Muhammad Ramzan petitioners herein having been found guilty of the murder of Abdul Rauf vide judgment, dated 31st August, 2000 passed by Sessions Judge, Noshki have been convicted under section 302, P.P.C. and sentenced to undergo imprisonment for life as Ta'zir with the benefit of section 382-B, Cr.P.C. In appeal learned High Court of Balochistan maintained the judgment of the trial Court in Criminal Appeal No.262 of 2000, vide judgment, dated 13th June, 2005.

2. Pending decision of Jail Petitions Nos.259 of 2005 and 341 of 2005 parties have entered into a compromise outside the Court. To verify the authenticity of the compromise, matter was referred to the Sessions Judge, Noshki who, by submitting reports, dated 18th October, 2006 and 28th April, 2007 has confirmed that the compromise is genuine which has been duly executed and the amount of Diyat has also been paid to the legal heirs of the deceased.

3. Learned counsel appearing for the petitioners stated that as compromise between the parties has been found to be genuine by the Sessions Judge, therefore, permission be accorded to compound the offence.

4. On having seen the reports of the Sessions Judge, we are of the opinion that parties have compromised the matter according to law, therefore, permission is accorded to compound the offence under section 302, P.P.C., as a result whereof all the three convicts whose names have been mentioned hereinabove, are ordered to be released from custody forthwith, if not wanted in any other case.

Jail Petitions Nos.259 and 341 of 2005 are disposed of.

H.B.T./M-115/SC Order accordingly.