Case Details

Citation(s)
2013 SLG 2357 2013 SLD 2357 2013 PCRLJ 1458
Lahore High Court
Criminal Miscellaneous Nos. 2276-B and 2449-B of 2013, decided on 12th March, 2013
SHAHID HAMEED DAR, J
Abdul Khaliq Safrani for Petitioners (in Criminal Miscellaneous No. 2276-B of 2013). Ch. Tariq Mehmood for Petitioner (in Criminal Miscellaneous No. 2449B of 2013). Ch. Muhammad Jahangir, Deputy Prosecutor-General Punjab for the State. Complainant in pers

MUHAMMAD JAMIL and others

VS

The STATE and others

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 498 & 345---Penal Code (XLV of 1860), Ss. 420, 468 & 471---Cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document---Ad interim pre-arrest bail, confirmation of---Grant of bail on basis of compromise in case of non-compoundable offences---Scope---Plea of accused persons that a compromise had been effected between the parties and monetary claim of complainant had been indemnified to his entire satisfaction---Complainant did not object to allowance of bail to accused persons---Plea of State Prosecutor that offences committed by accused persons were non-compoundable, therefore, they should not be allowed bail---Validity---Complainant appeared to be fully satisfied with the terms of the compromise and did not oppose bail plea of accused persons---Although offences mentioned in the F.I.R. were non-compoundable but compromise/reconciliation between parties was a redeeming feature, which brought peace and harmony in the society---Courts always respected enthusiasm and passion of parties to compound the offence, whether the same was compoundable or not---Will of parties to compound the offence had to be respected and given assent to, so that they might bear the fruit thereof---Ad interim pre-arrest bail already granted to accused persons was confirmed in circumstances. ORDER SHAHID HAMEED DAR, J.---Through this single order, I intend to dispose of two bail applications, separately moved by accused Muhammad Jamil and Ghulam Mustafa (Criminal Miscellaneous No.2276-B of 2013) and accused Aziz-ur-Rehman (Criminal Miscellaneous No.2449-B of 2013), as they stood involved in case F.I.R. No.431/12, dated 22-6-2012, registered for offences under sections 420, 468, 471, P.P.C., at Police Station, Township (Lahore). 2. Precisely, the story of F.I.R., as set-up by Muhammad Akram (complainant) is that he handed down a sum of Rs.9,60,000 to Aziz-ur-Rehman (petitioner) with a view to get his son and other relatives employed in Police and Customs Departments; the latter gave him six appointment letters, pertaining to the said departments and on verification, they…
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