FAREED ALAM Versus State

ORDER

1. RAJA JALAL-UD-DIN, J.--- An application was preferred to seek permission for compounding the offence and release of the convicts/petitioners on the grounds of compromise.

2. The petition was moved by the complainant namely Abdul Manan son of Abdul Majeed and Wazir Khan son of Ghulab resident of Napurah Basin, with the request to seek permission to compound the offence under section 345, Cr.P.C. and release of convicts/petitioners.

3. The Chief Judge sought the report regarding the genuineness of the compromise effected between the concerned parties from the A.T.A., Judge No. 1 Gilgit-Baltistan, and also directed that the legal heirs of the deceased may be summoned and their statements may be recorded in this regard. It was also directed that proper verifications of the legal heirs and to safeguard the rights of the minor legal heirs and their interest to be kept in mind.

4. The trial Court A.T.A. Judge complied with the order of the Court and did the needful. He recorded the statements of the Jirgah members along with the statement of the heirs of the deceased. The report of the compromise is perused and placed on file along with the statements of the concerned individuals. Today the legal heirs of the deceased namely Wazir son of Gulab Shah, brother of deceased Rafiq along with Abdul Manan son of Abdul Majid father of the deceased are present, who again verify the genuineness of the compromise and submit that they have no objection if the accused are released from the Judicial lock up on the basis of the compromise effected.

5. The Jirgah members present in court also assured that they are confident that the compromise between the parties is genuine and shall be long lasting and also peace and tranquility shall prevail in the area.

6. Going through the contents of the file and statements of the concerned individuals along with the surety and confidence of the Jirgah members, we feel that it is a good case for compounding the matter. We have no hesitation in ordering the release of accused from the Judicial lock up in the case vide FIR No. 78/2009 Police Station City Gilgit under sections 302/34/109, P.P.C. read with sections 6/7, A.T.A., 1997. The case was convicted by the A.T.A. Court on 5th July,

7. 2010, which was upheld with order of Chief Court Gilgit-Baltistan on 28-6-2011, which is pending appeal in this court.

8. The matter regarding the conviction of three convicts/petitioners under section 13, A.O., 1965 is also to be looked into. The three convicts/petitioners had been sentenced to 7 years rigorous imprisonment.

9. Looking at the merits of the case and the matter the convicts/appellants are also acquitted from the said charges also. The convicts/petitioners are acquitted from the charges under sections 302/34, 114, P.P.C. and sections 6/7, A.T.A., 1997 and also FIR No.91/2009 Police Station Gilgit and also from the charge of 13, A.O. of 1965 vide FIR Nos.9, 91 and 92/2009. The petitioners may be released from the Judicial lock up if not required in any other case. The petition is disposed of accordingly.

10. HBT/47/GB Order accordingly.