Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Anti Terrorism Act, 1997

Section: 6,7

Law: Pakistan Penal Code, 1860

Section: 34,341,365,368

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 365, 368, 341 & 34---Anti-Terrorism Act (XXVII of 1997), Ss. 6 & 7---Kidnapping and abducting with intent to secretly and wrongfully confine person, wrongfully concealing or keeping in confinement kidnapped or abducted person, wrongful restraint, common intention, act of terrorism---Bail, grant of---Compromise---Prosecution case was that the accused and co-accused persons kidnapped the complainant and his daughter---Motive behind the occurrence was stated to be that Nikah of daughter of complainant was performed with the accused but later on, due to some difference between the couple, the relationship was broken---Complainant/ abductee appeared before the court and got recorded his statement to the effect that on the intervention of Jirga members, he and his wife did not want to proceed with the case against the accused persons and they had no objection if the accused persons were released on bail---Admittedly, offences under Ss. 365-B & 368, P.P.C. and under Ss. 6 & 7 Anti-Terrorism Act, 1997 were not compoundable, however, fact remained that parties had voluntarily compounded the matter and the complainant party had forgiven the accused persons and they had no objection if the accused/petitioners were released on bail---Compromise was a good ground for release of the accused/petitioners on bail---Where the complainant party was no longer willing to prosecute the matter any further, Court could not compel it to do so---Accused were admitted to bail in circumstances. 2004 PCr.LJ 490; 1995 MLD 1826; 1997 PCr.LJ 193; 1997 SCMR 1411 and 1999 PCr.LJ 1107 rel. THIS ORDER PASSED BY: ALI BAIG, JUSTICE:---.--- Tahir Iqbal, Mehmood Alam, Inam-ur-Rehman, Faridullah, Rehmatullah, Khalid Mehmood and Wahidullah the petitioners/accused through the instant petition seek post arrest bail in case FIR No. 15/2017 dated 27-5-2017 registered under sections 365, 368 and 341/34, P.P.C. and sections 6/7 ATA at Police Station City Astore. 2. Brief facts leading to the filing of this petition are that on 27-5-2017 the alleged abductees namely Abdul Ghafar and his daughter namely Mst. Saira…

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