' DOST MUHAMMAD KHAN, C.J.---Petitioner, Sartaj, is seeking bail in case F.I.R. No.274 dated 4-6-2011 registered for crime under section 17(4) of the Offences Against Property (Enforcement of Hudood)
Ordinance, 1979 by. Police Station Daudzai.
' Arguments heard and record perused.
2. At the very outset, learned counsel for the parties stated that the complainant and his family has patched up the matter with the present petitioner according to law and customs of the area and is not ready to charge the present petitioner in any manner whatsoever even before the trial court because of the compromise and that is why this fresh bail petition has been made albeit, the previous one was dismissed by this court on merits.
3. Although the offence for which the petitioner is charged is not compoundable but when the complainant and his witnesses are not ready to depose against the present petitioner, then, no other evidence would be sufficient for conviction of the accused-petitioner, hence, in view of the retrace made by the, complainant because of compromise, case of the petitioner on fresh ground has become arguable for grant of bail.
' Accordingly, this bail petition is allowed and the petitioner is granted bail in the sum of Rs.3,00,000 (Three lac) with two reliable sureties, each in the like amount, to the satisfaction of the Illaqa Judicial/ Duty Magistrate.