' MUHAMMAD ANWAARUL HAQ, J.---Through this petition, Ali Imran petitioner seeks post-arrest bail in case P.I.R. No, 73, dated 16-2-2013, registered at Police Station Civil Lines, District Mandi Bahauddin, in respect of offences under sections 302, and 148/149, P.P.C.
2. Heard. Record perused.
3. The allegation against the petitioner in a promptly lodged F.I.R. Is that being annoyed on the runaway marriage of his sister Mst. Iqra Bibi, he along with his two real brothers, armed with .30 bore pistols and a machete (Toka) had murdered their sister, her husband Liaqat Ali and Mst. Safia Begum, mother of said Liaqat Ali.
4. Learned counsel for the petitioner has raised only one ground in favour of the petitioner to release him on bail that injury attributed to him is on the person of his own sister Mst. Iqra and surviving legal heirs of the deceased i,e, her father Muhammad Anar and mother Rasulan Bibi have pardoned him and they have no objection for his release on bail. 1 am afraid the sole ground raised in favour of the petitioner, in the peculiar circumstances of this case, is not of any help to him as it is a triple murder case wherein direct allegation against the petitioner is that he along with his two real brothers, in the backdrop of a strong motive against their sister, had murdered three innocent persons.
' An amendment has been introduced in section 338-E, P.P.C. Through Criminal Law (Amendment)
Act, 2004 that provides a special procedure for compounding of an offence of murder in such like cases, last proviso of Section 338-E, P.P.C. Reads as follows:- lt "Provided further that where qatl-i-amd or any other offence under this Chapter has been committed as an honour crime, such offence shall not be waived or compounded without permission of the Court and subject to such conditions as the Court may deem fit having regard to the facts and circumstances of the case. "
' A corresponding amendment has also been made in section 345, Cr.P.C. While inserting subsection 2 (A) in the following words:- "Where an offence under Chapter XVI of the Pakistan Penal Code, 1860 (Act XLV of 1860), has been committed in the name or on the pretext of karo kari, siyah kari or similar other customs or practices, such offence may be waived or compounded subject to such conditions as the Court may deem fit to impose with the consent of the parties having regard to the facts and circumstances of the case."
In view of the foregoing provisions of law it is thus clear that mere consent of the legal heirs of the deceased is not sufficient by itself for a compromise in cases of honour crimes and compounding of such an offence can take place only with the permission of trial court concerned.
5. Even otherwise, in this case, petitioner is nominated in the promptly lodged F.I.R. With a specific role of causing firearm injury on the head of deceased Mst. Iqra Bibi. Petitioner prima facie, is vicariously liable for every act of his two co-accused, who have allegedly taken lives of Liaqat Ali and his mother Mst. Safia Begum. Legal heirs of both the deceased are seriously contesting this case. Evidence of eight prosecution witnesses has already been recorded and trial of the petitioner is at the verge of its conclusion.
' In view of all above, this petition being devoid of any force is dismissed.
6. It is, however, clarified that observations made herein are just tentative in nature and strictly confined to the disposal of this bail petition.