MALIK HAQ NAWAZ, J.---The petitioner stands charged for having committed an offence punishable under section 302/324/34, P.P.C. Vide FIR No,9/2014 dated 9.9.2014 of Police Station Dodishal District Diamer.
2. After having failed to procure bail from the learned trial court who by his order dated 05-12-2015 refused to admit the petitioner/accused on bail, hence this petition.
3. The learned counsel for the petitioner contended that the offence under section 302, P.P.C. Is compoundable under section 345(2), Cr.P.C. He stated at bar that the statement of father of the deceased was recorded by the trial Court on 05-12-2015 which is available at page-6 of the file, but when mother of the deceased namely Mst. Juma Bi was produced before the learned trial Court, her statement was not recorded as the learned trial Judge was of the view that the offence is one of the honour killing, which is not compoundable. The learned counsel further submitted that the FIR was chalked under section 302/ 324/34, P.P.C. And challan was also submitted in the trial Court under the same provisions of law, which are compoundable. When asked about the application of section 324, P.P.C., the learned counsel stated at bar that Mst. Nagir, on whose life the murderous assault was launched, has not compromised and the application of section 324, P.P.C. Needs further inquiry as ineffective firing was conducted by the petitioner/accused.
4. The learned Dy. A.G. Also have no objection if the compromise is allowed, however, he showed his resistance up to the offence under section 324, P.P.C. As the victim lady namely Mst. Nagir was not willing to effect compromise.
5. I have heard the parties and gone through the record of the case, with the able assistance of both the learned counsel of the parties. As per Section 345(2), Cr.P.C., the offence under section 302, P.P.C. Is compoundable. The statement of the father of the deceased was recorded by the trial Court on 05-12-2015 in which he stated that he has forgiven the accused and does not want to prosecute him any further. The mother of the deceased appeared before me and her statement was recorded in support of compromise. Mst. Nagir victim, whose life was attempted, has not entered into compromise, but since she has not received any injury and the application of Section 324, P.P.C. And the quantum of sentence, if the offence is ultimately proved requires further inquiry.
6. In view of above discussions, the petitioner/accused Ahsanullah son of Hajat Wali is admitted to bail subject to furnishing of bail bonds of Rs,500,000 (rupees five lac only) with two sureties each in the like amount to the satisfaction of trial Court. File.