1. GHULAM SARWAR KORAI, J.----This pre-arrest bail Application has been moved on behalf applicant/accused Muhammad Nazim Rao to grant him bail.
2. Brief facts of the case are that on 25-5-2009 complainant Mehral Ali lodged F.I.R stating therein that he had a jewelry shop situated at Baba Market Landhi. On 7-5-2009 at about 10-00 p.m while his sons Abid Ali Shah and Sheraz Ali were returning to their house, were taken away by three armed persons from Muhammadan Ground Babar Market in a vehicle then he received a call on mobile from his sons that they are confined at Police Station Latifabad No,8 Hyderabad and are under the custody of applicant who was at that time S.H.O. of that police station. The complainant further alleged that he was asked by the present applicant to meet with him on 8-5-2009 at 11-00 a.m. When he reached there, the present applicant was present at police station along with other D.S.P whose name he does not know. The complainant enquired from him about his sons then the applicant allegedly demanded from an amount of Rs,1,200,000 for the release of his sons. This amount was lastly settled to 500 grams gold and he was asked by the present applicant to give the same to his person namely Arif Manjra at Karachi. The complainant further alleged that he asked Sohail Zarger to given 450 grams gold to Arif Manjra and while gold was given to Arif Manjra then his sons were released by the applicant. The applicant then sent an application to Inspector- General of Police Karachi through Courier Service and lastly filed an application under section 22-A Cr.P.C. in the Court of learned Sessions Judge/Ex-Officio Justice of Peace, Karachi (East) and while the application was allowed on 22-5-2009, then he lodged the F.I.R for offence punishable under section 342/220, P.P.C. Subsequently section 365(a), P.P.C. was added and non-bailable warrants were issued by Administrative Judge Anti-Terrorism Court-II on 12-1-2010. The applicant feeling apprehension of his arrest, moved application for his pre-arrest bail on 27-1-2010 and he was granted interim pre-arrest bail on same day and case was adjourned for confirmation or otherwise.
3. On 22-2-2011 arguments of Messrs Aamir Mansoob Qureshi and Muhammad Shafiq advocates and Mr. Khadim Hussain learned D.P.-G. for State were heard and order was reserved.
4. On 26-2-2011 complainant appeared in person and submits that he has compromised with the applicant outside of the Court and settled the dispute, therefore, he has no objection if interim pre- arrest bail already granted to the applicant he confirmed. He was identified through his C.N.I.C, he also filed his affidavit duly sworne before the Commissioner for taking oath along with statement duly presented before Assistant Registrar.
5. Though the alleged offence is punishable under section 365-A, P.P.C. is not compoundable, but while the applicant has tried to settle his dispute with the A complainant and complainant appeared in person along with affidavit with statement by submitting that he has no objection for confirmation of the bail of applicant on the ground that dispute has been settled, therefore, in the interest of justice and considering the above position, the interim pre-arrest bail granted to the applicant earlier is hereby confirmed on the same terms and conditions.