Pakistan Case Law
2002 SCMR 1373

NASRULLAH vs THE STATE

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Citation2002 SCMR 1373
CourtSupreme Court of Pakistan
Case No.Criminal Petition No,57-L of 2002 Criminal Miscellaneous No,3971-B of 2001
Date2002-02-26
Judge(s)Munir A. Sheikh, Tanvir Ahmed Khan and Faqir Muhammad Khokhar
Authored byMunir A. Sheikh
ResultPre-arrest bail confirmed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter originated as a petition for leave to appeal against an order of the Lahore High Court regarding pre-arrest bail. The core legal question concerned whether the petitioner was entitled to the confirmation of pre-arrest bail in light of a compromise reached with the complainant. During the proceedings before the Supreme Court, the complainant appeared in person and confirmed that the matter had been settled through a compromise. The complainant explicitly stated that the petitioner was not the individual who had received any money from him, thereby negating the basis of the original accusation. Consequently, the Supreme Court converted the petition into an appeal, accepted the appeal, and confirmed the pre-arrest bail that had been previously granted to the petitioner. The judgment reinforces the principle that where a complainant acknowledges a compromise and exonerates the accused regarding the receipt of funds, such a development constitutes a valid ground for the confirmation of pre-arrest bail, as the evidentiary basis for the initial accusation is effectively removed by the complainant's own admission.

Questions settled in this judgment
  • Can a petition for leave to appeal be converted into an appeal upon the settlement of a dispute?
  • Does a compromise between the complainant and the accused regarding the receipt of funds constitute a valid ground for confirming pre-arrest bail?
pre-arrest bailcompromisecriminal appealbail confirmationcomplainant statement

ORDER

' MUNIR A. SHEIKH, J.---Mureed Hussain complainant has appeared in person and has placed on record photostat copy of his Identity Card No,221-92-49979. He confirms the stance taken by the petitioner as noted in the order, dated 29-9-2000 of the Lahore High Court that he has settled the matter through compromise as it was not the petitioner according to him, who received any amount from him.

2. Resultantly, this petition is converted into appeal, the same is accepted and the pre-arrest bail already granted to the petitioner through order, dated 18-2-2002 is hereby confirmed.

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