| Citation(s) |
|---|
| 2016 SLG 3787 2016 SLD 3787 2016 YLR 1639 |
Criminal Misc. No. 33 of 2016, decided on 8th April, 2016. Date of hearing: 8th April, 2016.
MALIK HAQ NAWAZ, JUSTICE
Amjad Hussain for Petitioner. Dy. A.G. for the State.
AHSANULLAH
VS
. THE STATE--Respondent
Law:
Section:
Criminal Procedure Code (V of 1898)----- -----Ss. 497(2) & 345(2)-----Penal Code (XLV of 1860), Ss.302 & 324-----Qatl-i-amd, attempt to commit qatl-i-amd-----Bail, grant of-----Further inquiry-----Offence under S.302, P.P.C., was compoundable as per S.345(2), Cr.P.C.-----Statement of the father of the deceased was recorded by the Trial Court in which he stated that he had forgiven the accused; and did not want to prosecute him any further-----Mother of the deceased, also appeared in the court and got recorded her statement in support of compromise-----Victim whose life was attempted and had not entered into compromise had not received any injury; question of application of S.324, P.P.C., and quantum of sentence, if the offence was ultimately proved, would require further inquiry-----Accused, was admitted to bail, in circumstances. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, JUSTICE:----------- The petitioner stands charged for having committed an offence punishable under section 302/324/34, P.P.C. vide FIR No.9/2014 dated 9.9.2014 of Police Station Dodishal District Diamer. 2. After having failed to procure bail from the learned trial court who by his order dated 05-12-2015 refused to admit the petitioner/accused on bail, hence this petition. 3. The learned counsel for the petitioner contended that the offence under section 302, P.P.C. is compoundable under section 345(2), Cr.P.C. He stated at bar that the statement of father of the deceased was recorded by the trial Court on 05-12-2015 which is available at page-6 of the file, but when mother of the deceased namely Mst. Juma Bi was produced before the learned trial Court, her statement was not recorded as the learned trial Judge was of the view that the offence is one of the honour killing, which is not compoundable. The learned counsel further submitted that the FIR was chalked under section 302/ 324/34, P.P.C. and challan was also submitted in the trial Court under the same…
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