ORDER M.A. ZAFAR, J.- Ansar petitioner seeks post-arrest bail in case FIR No. 157/2008 dated 4.6.2008 registered with Police Station Vaneke Tarrar District Hafizabad at the instance of Rai Liaqat Ali under Section 392, PPC regarding the occurrence allegedly taking place on 2O.5.20O8.
2. According to the FIR, which was registered on the written application of Rai Liaqat Ali complainant, it is alleged that on 20.5.2008 at about 8.30 p.m. His servant was sleeping in the cattle shed when all of sudden four persons armed with fire-arm came there and forcibly took away tractor and mobile of his servant and tied him in the room of the dera and also took away trolley and other valuable articles valuing Rs. 72,000/- upon which the himself remained in search of accused and now has come to know that accused Sarfraz Ahmad, Imran, Ashraf, Ansar the present petitioner and Nadir have committed the above said dacoity. -
3. it is contended by the learned counsel for the petitioner that there is delay of fifteen days in lodging the FIR and fake recovery has been planted upon the petitioner. He further submits that complainant has exonerated the petitioner by making the statement in the Court of the learned Trial Court on 24.6.2008.
4. Learned D.P.G, has opposed the grant of bail on the ground that the offence with which the petitioner has been charged is not compoundable and the same also falls within the prohibitory clause of Section 497, Cr.P.C.
5. After hearing the learned counsel for the parties and perusing the record I find that there is delay of fifteen days in lodging the FIR. Complainant appeared before the learned Magistrate on 24.6.2008 and made a statement that he has forgiven the present petitioner and Sarfraz accused and he has no objection if bail is granted to the petitioner. Although the offence for which the accused has been charged is not compoundable but keeping in view the compromise of the petitioner with the complainant/aggrieved person, Petitioner can be granted bail even in cases, which are not compoundable. Reliance is placed on the cases of Syed Iftikhar Hussain Shah v. Syed Sabir Hussain Shah (1998 SGMR 466), Mazhar Iqbal & others v. The State (2004 P. Crl-.L.J 923).
6. For the fore-going reasons this petition is allowed and the petitioner is admitted tp bail subject to his furnishing bail bonds in the sum of Rs. 50,000/- with two sureties in the like amount to the satisfaction of the learned Area Magistrate within fifteen days.