1. Exemption is granted.
2. Applicants Misbahul Haq, Hafiz Sher Khan, Muhammad Akram, Atlas Khan Niazi, Murtaza, Abbas Khan, Ghaffar Khan alias Ghaffori, Nawazish, Fateh Khan, Munawar Khan and Muhammad Akbar, who are detained in Crime No.227 of 1991, Kalary Police Station under sections 147, 148, 324, 302/149, P.P.C. As amended applied for bail before learned Additional Sessions Judge (South) Karachi, but without success. They have now approached this Court with the same prayer.
I have heard Mr. Malik Muhammad Ayoob Awan, learned counsel for applicants and Mr. Muhammad Zubair Qureshi, learned counsel for State. The latter has raised no objection to the grant of bail to applicants by stating that after compromise of the case between the parties the applicants are entitled to the grant of bail.
Admittedly the parties had presented compromise application under section 345, Cr.P.C., before the learned Ist Additional Sessions Judge (South) Karachi, but the same was not accepted for the simple reason that the sisters of deceased Muhammad Saleem had not appeared before the Court but they had authorised their elder brother Muhammad Iqbal to enter into compromise on their behalf also. Section 305, P.P.C. As amended, is however, clear on this point and the Wali in case of a Qatal shall be the heir of the victim, according to his personal law. However, without going into the merits of the case, I am of the view that since the parties have compromised and presented such application for compounding of the offence, the applicants arc entitled to the grant of bail. Accordingly, bail is allowed to all the applicants in the sum of Rs.5,000 each with P.R.
Bond in the like amount to the satisfaction of the Nazir of this Court.
H.B.T./M-1659/K