SHAHID KHAN, J. Saddam Hussain, for his release on bail, in case FIR No. 667 dated 22.09.2023, under sections 302/311/109/34 P.P.C., P.S, Daggar, District Buner.
2. Reportedly, the complainant/Sub-Inspector, Tajmain Khan initially received rumors from the local inhabitants of the locality in respect of murder of the deceased Mst. Asma, she has allegedly been administered poison and done to death on the alleged pretext of honour and even her dead body has been buried. It was alleged in the report that the engagement of Mst. Asma has taken place with one Sajjad, however, she was not happy over the said engagement and a few days prior to the subject occurrence she was alleged to have left her house and ran away to District Mardan. It was alio alleged in the report that she was done to death on the alleged pretext of honour by the accused/petitioner, Saddam Hussain, with his co-accomplices and the matter was later on given the colour of a suicide. An inquiry was conducted in the matter-in-issue under section 174 Cr.P.C followed by exhumation of the dead body of the deceased and upon conclusion of the same the accused/petitioner, Saddam Hussain being brother of the deceased and other co-accomplices have been arrayed as accused for the unnatural death of the deceased.
3. Arguments of the learned counsel for the petitioner as well as learned Astt: A.G for the State have been heard at a substantial length and the record gone through with their valuable assistance.
4. The record so furnished would reflect that the event in hand is unseen in its nature and kind, as the complainant/Sub-Inspector initially taken up the matter for investigation/report on the strength of source report based on the rumors prevailed in the locality in respect of unnatural death of the deceased Mst. Asma, she has allegedly been administered poison and done to death on the alleged pretext of honour. No doubt, the exhumation report do speaks about the ligature mark of 04 c.m. around the neck of the deceased, however, it is yet to be determined by the learned trial Court after recording of evidence pro and contra that it was an act of the single accused i.e. petitioner herein or the other inmates of the house of the accused-party have participated in the same, therefore, this element alone makes the case of the accused/petitioner arguable for the purpose of bail.
5. Even otherwise, the evidentiary value of the prosecution's evidence in particular statement of the mother of the deceased guilt of the accused/petitioner shall be adjudged by the learned trial Court after recording of evidence pro and contra, however, for the time being, the case of the accused/petitioner is one of further inquiry.
6. Likewise, the additional documents annexed through Cr.M No. 480-M of 2023 would reflect that the legal heirs of the deceased have no objection over the release of the accused/petitioner on bail. Though, out of the levied sections of law, section 311 P.P.C. is non-compoundable, however, when other grounds available to the accused, prima facie makes his case one of further inquiry, then even a compromise alone can be considered for the grant of bail. In this regard, reliance is placed on the judgment of Apex Court in case titled "Ghulam Ali v. The State" reported as "1997 SCMR 1411", wherein it was held that;- "If the complainant party was no longer willing to prosecute a matter any further, then it is not for this Court or the Courts subordinate to compel the party to do so, as the saying goes, "you can take the horse till the water, but you cannot make him drink."
Similarly, in case titled "Abdul Qadir alias Ali and another v. The State" reported as 2022 YLR 22, the Sindh High Court has granted the concession of bail to the accused/petitioner therein, in circumstances, akin to the present one.
7. Accordingly and leaving aside other merits of the case, lest it may prejudice the case of either party, the subject bail application is allowed and the accused/petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs. 100,000/- (one hundred thousand) with two sureties each in the like amount to the satisfaction of learned trial Court, who shall ensure that the sureties are local, tillable and men of means. The subject observations recorded hereinabove are purely tentative in its nature and shall no way prejudice an independent mind of the learned trial Court, prosecution or defence.
8. These are reasons for my short order of even date.