Law:

Section:

Azad Penal Code, 1995-- ----Ss. 302/34--Arms Act, S. 13/20/65--Revision against--Concession of bail to non-petitioner--For cancelling of bail, very strong and cogent reasons--During trial three out of nine legal heirs of deceased extended pardon to non-petitioner--Section 309, APC remaining walis of deceased were entitled to their share of Diyyat--Though S. 11, APC provides that where all walis do not waive or compound right of Qisas or keeping in view principle of fasad-fil-arz a Court may, in its discretion having regard to facts and circumstances of case, punish an offender against whom right of Qisas has been waived or compounded with imprisonment of either description for a term which may extended to 14 years as Ta'zir--It implies that even after compromise with some of walisof a deceased or otherwise as laid down in, S. 11 APC an offender can be convicted and awarded sentence of imprisonment--But question of fasad-fil-arz has to be judged in light of overall circumstances of case--Paramount consideration for the purpose should be the previous conduct of an accused and the circumstance appearing against him from deposition of prosecution witnesses--There was no evidence showing that non-petitioner was previous convict or hardened and desperate criminal--A single witness was not recorded as yet, thus at this stage, it was difficult to hold that even after compromise there was any likelihood of conviction of non-petitioner--Bail was allowed to an accused person can only be cancelled in presence of very strong and cogent reasons but no extraordinary circumstance warranting interference with impugned order was pointed out by petitioner--Revision dismissed. THIS ORDER PASSED BY: SYED HUSSAIN MAZHAR KALEEM, JUSITCE---.--- Above titled revision petition is directed against the order of District Court of Criminal Jurisdiction, Mirpurdated 12-06-2009, whereby the non-petitioner was allowed bail. 2. Brief facts forming background of the revision petition are that a case under Sections 302/34, A.P.C and 13/20/65, Arms Act was registered at Police Station, Chaksawari on the complaint of Muhammad Hussain. It was reported that on 24-07-2008 his brother Karamat Hussain…

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