This is an application for bail moved by the accused/petitioner Mehboob Sani in case FIR No, 382 dated 5/8/2008 under Sections 381A/411 PPC of Police Station City D.I. Khan. Earlier his applications for bail have been rejected by the learned lower Courts vide orders dated 25/8/2008 and 30/8/2008 respectively.
2. Sattar Hussain complainant has reported that on 5/8/2008 at about 1015 hours he had entered the Bank of Alfalah for some business and parked Motorcycle No, F-1256 in front of the Bank. At 1045 hours, when he came out of the Bank, the motorcycle was missing and thus the report was lodged against unknown culprits.
3. Learned counsel for the petitioner submitted that there is no evidence against the petitioner to connect him with the commission of the offence and thus the lower Courts have fallen into an error by not allowing him the concession of bail. He urged that at the most the petitioner can be booked for an offence under Section 411 PPC which does not fall within the prohibitory clause of Section 497 Cr.P.C. It was also submitted that the complainant has effected compromise with the accused/petitioner and recorded statement in this behalf vide which he is no longer interested to pursue the case and to oppose this bail application.
4. Malik Hidayatullah, learned counsel for the complainant has admitted the factum of compromise and the learned DAG has opposed the bail on the ground that the offence is not compoundable.
5. I have gone through the record and given anxious consideration to the arguments advanced at the bar.
6. Though the offence is not compoundable and the petitioner is not entitled to bail on the ground of compromise, but on the principle of forget and forgive as annunciated in the dictum handed down in the case of Aziz Khan and another Vs. The State and another (2004 P.Cr.L.J. 490), the compromise can be taken as a mitigating circumstance while considering the request of post- arrest bail of an accused/petitioner. Besides, perusal of the record reveals that the petitioner can at the most be booked for an offence under Section 411 PPC which does not fall within the restrictive clause of Section 497 Cr.P.C.
7. In view of the facts and circumstances narrated above, this application is allowed and; the accused/petitioner is admitted to bail in the sum of Rs, 50,000/- with two sureties each in the like amount to the satisfaction of Ilaqa/Judicial Magistrate, who shall see that the sureties are local, reliable and men of means.
Above are the reasons for my short order of even date.