Through this petition under Section 498, Cr.P.C., petitioners Bilal Akhtar , Muhamma d Rizwan, Danish Ali and Maki, seek pre-arrest bail in case F.I.R.No. 07 dated 02.01.2021 registered under Secti on 379, 427, 337-L(ii), 337-A(i), PPC, at Police Station Qadirpur Raan, District Multan.
2. Briefly the allegation against the petitioners as per crime report got lodged by Muhammad Akram, complainant is that on 29.12.2020 at 08:00 pm, they assaulted upon the complainant, caused injuries to his driver Jaffar and other servant Umar Daraz and also took out cash amount of Rs. 15100/- from the pocket of Umar Daraz. Hence, the FIR.
3. Heard. Record perused.
4. At the very outset learned counsel for the petitioners submits that the parties have patched up the matter out of the Court and the complainant has no objection if pre-arrest of the petitioners is confirmed.
5. Complainant Muhammad Akram, present in the Court has endoresed the factum of patching up the matter and submits that he has no objection if pre-arrest bail of the petitioners is confirmed.
6. Learned D.P.G. contends that offence under Section 379, PPC is non-compoun dable, therefore, the bail cannot be confirmed merely on the basis of compromise.
7. Record reveals that the offences under Sections 427, 337- L(ii), 337-A(i), PPC are compoundable as mentioned in Section 345, Cr.P.C. but offence under Section 379, PPC is not compoundable but as it was a dispute between the private parties, who have reached at some settlement outside the Court and in numerous judgments of the apex Court of the country , it has been held that even if in the non-compoundable offences, if the parties enter into compromise, the same can be looked into at bail stage. Even otherwise the statement of the complainant reflects that complainant has entered into compromise with free will and consent and without any coercion or duress.
8. Consequently , while taking into consideration the statement of the complainant before the Court, this petition is allowed and pre-arrest bail already grant ed to the petitioners namely Bilal Akhtar , Muhammad Rizwan, Danish Ali and Maki, is confirmed, subject to their furnishing fresh bail bonds in the sum of Rs. 50,000/-(Rupees fifty thousand) each with one surety each in the like amount to the satisfaction of the trial Court.