Mst. BASHIRAN vs HAO NAWAZ and 6 others
This matter arises from a petition for leave to appeal filed by the mother of the deceased against the acquittal of the respondents in a murder case. During the proceedings before the Supreme Court, the appellant and her daughter, being the sole legal heirs of the deceased, stated categorically that they had forgiven the accused respondents voluntarily, without any pressure or coercion, solely for the sake of God, and requested permission to withdraw the appeal. The core legal question concerned the effect of a voluntary compromise and forgiveness by the legal heirs in a criminal murder appeal. The Court, being satisfied that the compromise and request for withdrawal were made freely and voluntarily, recalled its earlier order granting leave to appeal and dismissed the appeal as withdrawn. The key principle laid down is that the Supreme Court will permit the withdrawal of a criminal appeal and recognize the compounding of an offense or forgiveness by the legal heirs of the victim when made voluntarily and without coercion.
- Can legal heirs withdraw an appeal against an acquittal after forgiving the accused?
- Will the court permit the withdrawal of a criminal appeal when the legal heirs state they have forgiven the accused voluntarily and without coercion?
' NASIM HASAN SHAH, C.J.---Leave to appeal was granted to the appellant Mst. Bashiran, mother of the deceased (Ghulam Farid) against the order of the High Court whereby the respondents were acquitted in a murder case.
2. Now Mst. Bashiran states that she has forgiven the respondents and does not wish to prosecute the appeal. She was accordingly summoned to appear before the Court.
3. Mst. Bashiran and her daughter Mst. Farida, the sole heirs of the deceased, have accordingly appeared before us today. They have stated quite categorically that they have forgiven the accused/respondents and they have done so without any pressure or coercion, only for the sake of God and His pleasure. They pray that they may be allowed to withdraw the appeal.
4. In these circumstances, being satisfied that this prayer is being made voluntarily and of their own free will, we would recall our order dated 3-3-1991 granting leave to appeal.
5. The result is that this appeal shall stand dismissed, as withdrawn.