Law:

Section:

Criminal Procedure Code (V of 1898) --------- ----------Ss. 497 & 345 --------- Penal Code (XLV of 1860), S. 302 --------- Karo Kari (honour killing) --------- Bail, refusal of --------- Compromise --------- Scope --------- Accused killed his real sister and her alleged paramour by firing with pistol and sought bail on the plea of compromise with legal heirs of deceased --------- Validity --------- Provision of S. 302, P.P.C. was compoundable but according to S. 345, Cr.P.C. in case of 'Karo Kari' (Honour killing), S. 302, P.P.C. was not declared as compoundable --------- Offence with which accused was charged fell under prohibitory clause of S. 497, Cr.P.C. --------- Trial against accused had commenced and most of prosecution witnesses had been examined and it would conclude in near future --------- Bail was refused in circumstances. THIS JUDGMENT DELIVERED BY: MUHAMMAD DAUD KHAN, JUSTICE:---------- Through instant petition, Aziz Ullah, the petitioner, seeks post arrest bail in case FIR No. 966 dated 16.12.2014, registered under sections 302, P.P.C. 13, A.O., P.S. Mingora, District Swat. 2. As per prosecution case, petitioner after committing murder of his sister Seema Gul and one Lal Bahadar by firing at them with pistol, was over powered by the local police along with crime pistol and a case vide FIR mentioned above was registered against him. 3. It is pertinent to mention that the prayer of petitioner for his release on bail has been rejected on merit by the learned lower Court and during pendency of his bail petition on merit before this Court, it was dismissed as withdrawn. The petitioner moved the lower Court on fresh ground of compromise effected between the parties, which was refused vide order dated 20.10.2015, hence the instant petition for release of petitioner on the basis of compromise. 4. Learned counsel for petitioner mainly stressed the release of petitioner on the basis of…

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