2017 YLRN 81

SHAHID Versus State

Citation2017 YLRN 81

CourtLahore High Court

Judge(s)Shahid Hameed Dar

ORDER

SHAHID HAMEED DAR, J.--- Muhammad Ghaffar and Mst. Shamshad Bibi wife of Shaukat Ali are the complainant and injured witness respectively of case-FIR No.782/15, dated 11.12.2015, under sections 148, 149, 337-A(ii), 354, 452, P.P.C., Police Station Bhikhi (Sheikhupura). They are in attendance and they, on having been identified by Tariq Matloob ASI/IO have submitted in unison that they have compounded the offence and forgiven the accused/petitioner, Shahid and they have no objection if his bail-plea is accepted. They have tendered their sworn affidavits (Mark-A & Mark-B) to the said effect and they exclusively owned the contents thereof.

2. The allegation against the petitioner, Shahid is that he being armed with pistol joined by his armed co-accused forcibly entered the house of the complainant's sister, Mst.Shamshad Bibi at about 6:00 a.m. on 06.12.2015, where they tortured her and inflicted injuries on various parts of her body.

3. Learned counsel for the petitioner has submitted that compromise has been effected between the parties, therefore, the petitioner may be granted the relief prayed for.

4. Learned Deputy Prosecutor General Punjab submits that offences under sections 452 and 354, P.P.C. are non-compoundable, so, compromise between the parties may not be given any extra weightage.

5. After hearing the learned counsel for the parties and perusing the record, it is observed that the parties have certainly compounded the offence and decided to bury the hatchet, so as to ensure a peaceful living in future. The statements of the injured lady Mst. Shamshad Bibi and that of the complainant Muhammad Ghaffar, as to having compounded the offence, ought to be given due significance and the parties involved may be afforded an opportunity to harvest fruit of their good intentions infer-se. Needless to say, compromise even in non-compoundable offences makes a crucial circumstance and a redeeming feature which helps the warring-parties come close to each other and live peacefully onwards. Let non-compoundable nature of the offences under sections 452, 354, P.P.C. not frustrate their noble intentions. Therefore, this application is accepted and ad-interim pre-arrest bail granted to the petitioner vide order dated 15.02.2016 is confirmed subject to furnishing fresh bail bonds in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of the learned trial Court.

HBT/S-49/L Bail confirmed.