At the very outset, learned counsel for the petitioner submits that compromise has been effected between the parties and the injured PW Sajjad Hussain in his sworn affidavit has admitted the said fact; further submits that the complainant has also pardoned the petitioners in the name of Almighty and he too, has sworn an affidavit in this regard.
2. Sajjad Hussain, the injured PW submits that he has forgiven the petitioners in the name of Almight so, he does not object to grant of bail before arrest to the accused-petitioners; submits his sworn affidavit Mark-A.
3. Imran Hussain Shah, complainant reiterates his version of having compounded the offence and forgiven the petitioners in the name of Almighty. He has also submitted his sworn affidavit Mark-B, in this respect.
4. The allegation against Allah Baksh petitioner is that he was armed with a pistol .30 bore at the time of occurrence and Shaboo petitioner had participated in the occurrence being empty handed; they with community of intention, in the company of their co-accused, caused firearm injury(s) on the person of Sajjad, brother of the complainant; thereafter all of them extended threats of murder etc. and fled away; the motive behind the occurrence pertained to a previous brawl between the parties.
5. Learned Deputy Prosecutor General in view of reconciliatory statement of the injured and that of the complainant does not oppose the instant petition.
6. The offence under Section 324 P.P.0 is compoundable with consent of the Court. Both Sajjad Hussain, the injured PW and Imran Hussain Shah, the complainant have categorically admitted the factum of compromise in their sworn affidavits and contended that they did not oppose the grant of bail before arrest to the petitioners, on the basis of compromise. Both the sides have decided to live in peace and bury the hatchet. The compromise in a criminal case has always been considered as a redeeming feature, as it brings peace and harmony in the society.
7. In view of above, the instant petition is allowed and the ad-interim pre-arrest bail granted to the petitioner on 31.1.2011 is confirmed subject to furnishing fresh bail bonds in the sum of Rs, 50,000/- each with one surety each in the like amount to the satisfaction of learned trial Court.