' The petitioner seeks post arrest bail in case FIR No, 879 dated 30.09.2014 u/S. 377/511/34, PPC, P.S. Badaber, Peshawar.
2. As per prosecution case, petitioner along with co-accused were charged by complainant for committing carnal intercourse/ sodomy with his minor son namely Umar Khan. Consequently on the basis of his report, instant case was registered.
3. It is pertinent to mention that earlier the bail petition of petitioner has been dismissed on merit by this Court on 12.1.2015, wherein though learned counsel for petitioner mainly stressed on the compromise effected between the parties but when the complainant along with the victim present in Court were inquired about the factum of compromise, they denied the factum of compromise between the parties.
4. The petitioner applied for bail on fresh ground of compromise and complainant present in Court has affirmed the factum of compromise by stating that he has got no objection on the release of petitioner on bail. Since the matter has been already been decided this Court on merit as well as the plea of compromise was also taken at that time therefore, no fresh ground is available with the petitioner for grant of bail. Even if, the matter is compromised between the parties, even then the petitioner cannot seek bail on the basis of compromise as of right because it is the discretion of the Court to consider the compromise effected between the parties for grant of bail or to refuse the same as the offence is non-compoundable. Besides, the offence falling under definition of child abuse which offence is heinous in nature affecting the society at large. Such types of crimes of child abuse are increasing day by day which needs to be dealt with iron hands in order to discourage such like offences in future
5. The material collected by prosecution coupled with the confessional statements of petitioner and co-accused recorded u/S. 164/364, Cr.P.C. Before the Magistrate fully connects him with the commission of offence.
' In view of what has been observed above, this petition being without substance is dismissed.