Pakistan Case Law
K.L.R. 2004 Criminal Cases 134

Muhammad Ajmal Etc vs The State

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CitationK.L.R. 2004 Criminal Cases 134
CourtLahore High Court
Case No.Crl. Misc. No. 7776-B of 2000
Date2001-01-10
Judge(s)Khawaja Muhammad Sharif
ResultOrder accordingly
Summary

This matter concerns a petition for the confirmation of pre-arrest bail filed by the petitioners in a criminal case. The core legal question before the Court was whether the interim pre-arrest bail previously granted to the petitioners should be confirmed in light of a compromise reached between the accused and the legal heirs of the deceased. The Court observed that the complainant, the widow of the deceased, appeared in person and confirmed that she had entered into a compromise with the petitioners. She explicitly stated that she had pardoned the petitioners in the name of Almighty Allah and had no objection to the confirmation of their bail, further noting that she did not wish to receive any financial compensation. Additionally, the State counsel raised no objection to the confirmation of the bail. Consequently, the Court held that, given the amicable settlement and the lack of opposition from the complainant and the State, the interim bail before arrest should be confirmed. The judgment reinforces the principle that a genuine compromise between parties in criminal proceedings can be a significant factor in the exercise of judicial discretion regarding bail.

Questions settled in this judgment
  • Can interim pre-arrest bail be confirmed when the complainant has entered into a compromise with the accused?
  • Does the absence of objection from the State counsel support the confirmation of bail in the presence of a compromise?
pre-arrest bailcompromisecriminal proceedingsbail confirmationjudicial discretion

ORDER

KHAWAJA MUHAMMAD SHARIF, J.- Learned counsel for the petitioner has produced before me photostat copies of offence Savings Certificates in the name of four minors namely Naureen, Nazia, Kausar and Aamir amounting to Rs. 37,500/- each. Original Defence Savings Certificates having been seen and returned to the complainant. Mst. Zubaida widow of Shabhir Ahmad present in Court submits that she has entered into a compromise with the present petitioners and she has got no objection, if the interim bail before arr-est granted to them is confirmed. She submits that she does not want to take any amount from the. Present petitioners and she has pardoned them in the name of Almighty Allah.

2. On the other hand, learned State counsel has no objection for the confirmation of bail before arrest already granted to the petitioners.

This petition stands disposed of.

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