| Case ID |
45262a9b-4799-490d-ac34-e93ed700af42 |
| Body |
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| Case Number |
Cr. Misc. No. 3 of 2018 |
| Decision Date |
Feb 02, 2018 |
| Hearing Date |
Feb 01, 2018 |
| Decision |
The court granted post-arrest bail to the petitioners/accused based on a compromise reached between the complainant and the accused. The complainant, Abdul Ghafar, and his daughter, Mst. Saira, had been abducted but later expressed their desire not to pursue the case further. The court acknowledged that while the offences under sections 365-B and 368 of the PPC and sections 6 and 7 of the Anti-Terrorism Act are not compoundable, the voluntary nature of the compromise allowed for the granting of bail. The court emphasized that it cannot compel the complainant to continue prosecution if they are unwilling, leading to the decision to release the accused on bail upon execution of bail bonds. |
| Summary |
This case involves a bail petition filed by Tahir Iqbal and six others accused of kidnapping Abdul Ghafar and his daughter. The motive was linked to a previous marriage relationship that had soured. The court reviewed the facts, noting that the complainant had reconciled with the accused and did not wish to proceed with the case. The court's decision highlighted the importance of voluntary compromise in criminal proceedings, particularly when the complainant no longer wishes to pursue the matter. This case illustrates the nuances of bail law in Pakistan, particularly in relation to non-compoundable offences and the discretion exercised by the court in such matters. It underscores the role of mediation and community intervention in resolving disputes, which can lead to justice being served while respecting the wishes of the parties involved. The decision aligns with previous case law where courts have considered the will of the complainant as a significant factor in bail applications. |
| Court |
High Court
|
| Entities Involved |
Not available
|
| Judges |
ALI BAIG
|
| Lawyers |
Burhan Wali,
Dy. Advocate General
|
| Petitioners |
KHALID MEHMOOD,
REHMATULLAH,
TAHIR IQBAL,
MEHMOOD ALAM,
INAM-UR-REHMAN,
FARIDULLAH,
WAHIDULLAH
|
| Respondents |
THE STATE
|
| Citations |
2018 SLD 2487,
2018 YLR 2501
|
| Other Citations |
2004 PCr.LJ 490,
1995 MLD 1826,
1997 PCr.LJ 193,
1997 SCMR 1411,
1999 PCr.LJ 1107
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Anti Terrorism Act, 1997,
Pakistan Penal Code, 1860
|
| Sections |
497,
6,
7,
34,
341,
365,
368
|