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2009 P Cr. L J 780

Syed AZMAT HUSSAIN SHAH vs THE STATE

Citation2009 P Cr. L J 780
CourtIslamabad High Court
Case No.Criminal Miscellaneous No,343/B of 2008
Date2008-11-13
Judge(s)Raja Saeed Akram Khan
ResultBail granted

ORDER

' RAJA SAEED AKRAM KHAN, J.--- Petitioner seeks his post-arrest bail in case F.I.R. No,253, dated 20- 6-2008 registered under section 377/34, P.P.C., at Police Station Shahzad Town (Islamabad).

2. Learned counsel for the petitioner has submitted that the parties have entered into compromise and complainant of this case has forgiven the accused/petitioner in the name of Almighty Allah, regarding which has also submitted an affidavit on record.

3. On the other hand, learned Federal Counsel has opposed this bail petition, on the ground that the offence is not compoundable.

4. I have heard arguments of both sides and perused the record.

5. RAJA SAEED AKRAM KHAN, J.--- Petitioner seeks his Today, the complainant has himself appeared before the Court and affirmed the contents of affidavit sworn by him, regarding compromise with the accused/petitioner. Although the case is not compoundable and does not fall within the ambit of section 345, Cr.P.0 , however, when the complainant does not want to pursue the matter further and has forgiven the accused/petitioner by entering into compromise outside the Court, his statement/affidavit can be considered as one of the relevant factor, for grant of relief to the petitioner, at bail stage.

6. Resultantly, this petition is accepted and petitioner is admitted to bail, subject to furnishing bail bond valuing Rs,50,000 with one surety in the like amount to the satisfaction of the learned trial Court.

Cited by 1 case

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