DINMUHAMMAD vs THE STATE
This matter comes before the Lahore High Court upon an application concerning the suspension of sentence and grant of bail to the appellant, Din Muhammad, which was conditional upon his efforts to effect a compromise with the legal heirs of the deceased. The core legal question involves the consequences of the appellant's failure to pursue the compromise and his subsequent non-appearance before the court, alongside the complainant's right to seek bail cancellation. The court held that due to the appellant's delaying tactics, evasion of contact, failure to pay Badl-e-Sulh, and willful absence from proceedings, bailable warrants must be issued to secure his attendance, and the complainant is at liberty to file an application for the cancellation of bail. The key principle laid down is that conditional bail granted on the undertaking to effect a compromise can be subjected to coercive measures and potential cancellation when the accused abuses the concession through delaying tactics and non-appearance.
- Can bail granted on the condition of effecting a compromise be subjected to cancellation if the accused fails to pursue the compromise?
- What are the legal consequences when an appellant persistently remains absent from court proceedings while on bail?
- Is a complainant entitled to seek bail cancellation upon the accused's failure to fulfill conditional undertakings regarding Badl-e-Sulh?
ORDER RIAZ KAYANI, J.- Sentence of Din Muhammad was suspended and bail was allowed to him on the express condition that he shall make efforts to bring a compromise that he shall make efforts to bring a compromise as prayed by him. It was further held in the order dated 10.3.19966 that in case compromise does not go through, the complainant shall have a right to move application for cancellation of bail.
2. Learned counsel for the complainant has bitterly criticized the conduct of Dm Muhammad stating that throughout the period he has been on bail on one pretext' or the other and he has been putting of the compromise in such a clever manner that he does not even contact him. On the other hand also he is reticent in acceding to the legal demands of the heirs of the deceased for payment of Badl-e-Sulh. Even otherwise today the appellant is absent so much so his counsel also is fed-up with the practice being played by him as correspondence by the counsel for the appellant has failed to elicit any reply. Bailable warrants in the sum of Rs.50,000/- are issued returnable to District Magistrate, Sheikhupura to enable him to secure the attendance of Din Muhammad fo#20.9.2000. In the meanwhile if the counsel for the complainant desires, he can make an application for cancellation of the to Din Muhammad. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.