ABDUL MAALIK GADDI, J.--- Having remained unsuccessful in obtaining their release on bail from trial Court in Crime No.111/2018, registered under Sections 302, 109 and 34, P.P.C. at Police Station Quaidabad, Karachi.
Now the applicants (1) Waliullah, (2) Abdullah and (3) Shams-ul-Wahid are seeking their release on bail in the said crime through instant bail application.
2. The allegations against the applicants/accused are that on 15.3.2018, these applicants/accused caused fire arm injuries to deceased Haseeb Khan, who was the husband of Mst. Mizajah, who after receiving fire arm injuries, when taken away to hospital died on the way.
3. It is argued by learned counsel for applicants/accused that during trial, a compromise application under sections 345(ii) and 345(vi) was submitted by the parties before trial Court and according to him in the performa of the compromise, two of legal heirs, one is Shabbir Khan father of Haseeb Khan (Deceased) and another Ambreen daughter of the deceased have given the affidavit in favour of the accused persons with no objection, if the above mentioned accused persons may be acquitted, whereas, Mizajah widow of Haseeb Khan has also given no objection for her and on behalf of her five minors namely (1) Kulsoom, (2) Nouman, (3) Mariam, (4)
Rehan and (5) Hira, and according to him, legal heirs have waived the right of both Qisas and Diyat, in the name of Almighty Allah. In this connection, he has taken to me towards the photocopies of such compromise application and order thereon and also submits that vide order dated 28.6.2019, a compromise was effected and accepted by the Presiding Officer of the learned trial Court with direction to the applicants/ accused to deposit the share of minors (Diyat amount) with the Nazir of this Court within 15 days.
4. It is also argued by learned counsel for applicant that applicants are so poor cannot manage and immediately deposit the Diyat amount before the Nazir of trial Court, particularly, in a scenario, when the father of deceased and wife of the deceased on behalf of her children have forgiven the Diyat amount. Therefore, according to him, some reasonable time may be given to applicants/accused to deposit the share of the minors in the shape of Diyat before the Nazir of trial Court. He further submits that accused are behind the bars since 14.11.2018, therefore, at least at present, the applicants in the present facts and circumstances of the case may be granted bail subject to furnishing their solvent surety in this regard.
5. Learned APG has raised his no objection on the above proposition.
6. I have heard the learned counsel for parties at a considerable length and have gone through the case papers so made available before me.
7. It is an admitted position that a compromise was effected and accepted by the Presiding Officer of the learned trial Court vide order dated 28.6.2019 and since then applicants are behind the bars. The main grievance of the applicants is that despite of compromise accepted by the trial Court, they are in jail and could not manage to deposit the Diyat amount before the Nazir of the trial Court, because of short time and poverty.
During the course of arguments, I have specifically asked the question from the learned counsel for applicants, whether the applicants are still able to deposit the Diyat amount within the next six' months. He replied in affirmative and submits that at least during this period, the applicants may be allowed bail subject to furnishing their sureties to the satisfaction of the trial Court.
8. Learned APG has raised his no objection but shows his reservations with regard to payment of Diyat amount and according to him, in any case, Diyat amount cannot be forgiven and in this connection, he has relied upon the number of case-laws of the Hon'ble Superior Courts. However, he has no objection if the bail is granted subject to furnishing solvent sureties and further the applicants may be directed to deposit the Diyat amount before the Nazir of trial Court within a reasonable period.
9. In view of the above, further detention of the applicants/ accused in this case would not serve the purpose, however, in view of no objection, I admit the applicants/ accused on bail after furnishing their solvent sureties in the sum of Rs.30,000/- each and PR bonds in the like amount to the satisfaction of the Nazir of trial Court.
However, as per statement of learned counsel for applicants, six (6) months' time is allowed to the applicants/ accused to deposit the Diyat amount before the Nazir of trial Court without fail. It is made clear that during this period, if the applicants/ accused misuse the bail, then trial Court would be competent to cancel the bail of the applicants/ accused without making any reference to this court. The applicants/ accused are directed to appear before trial Court -on the next date i.e. 02.10.2019 and shall remain present on each and every date of hearing, which is to be fixed by the Presiding Officer of the trial Court till six months.
Instant bail application stands disposed of in the above terms. Office is directed to send the copy of this order to the Presiding Officer of the trial Court for information and compliance.