Law:

Section:

Criminal Procedure Code (V of 1898)------.----- ------.-------S. 498------.-----Penal Code (XLV of 1860), Ss.376 & 511------.-----Rape, attempt to commit offence punishable for life or for shorter terms------.-----Interim pre-arrest bail, grant of------.-----Accused had committed an offence, which was not only non-bailable, but also not compoundable------.-----Complainant party, including the alleged victim, had forgiven accused and had shown consent not to press against his plea for bail before arrest, rather they joined him in his quest for seeking the said relief------.-----Complainant and his adult daughter were identified by Investigating Officer, before they stated that accused had sought an apology from them before a gathering of the brethren by showing remorse and making pledge, not to turn unethical or immoral again to the victim in future------.-----Alleged victim's father looked satisfied like her daughter to the apology sought after by accused from them------.-----Parties had compounded the offence and decided to make it a peaceful living in future------.-----Parties had themselves voluntarily forgotten and forgiven the crime and entered into an outside court settlement, that could be considered a ground for granting bail to accused in the interest of justice and equity------.-----If the complainant party was no longer willing to prosecute the matter, then it should not be for the court to pressurize them to continue with their hostilities and hatred------.-----Gravity of offence allegedly committed, could validly be determined by the Trial Court after recording evidence of the parties at the trial, but fruit of compromise could not be declined------.-----High Court observed that let the parties' will to compound the offence be respected and given an assent to, notwithstanding the nature of allegation, being it compoundable or otherwise------.-----Ad interim pre-arrest bail granted to accused, was confirmed, in circumstances. THIS ORDER PASSED BY: SHAHID HAMEED DAR, JUSTICE:------.----- The allegation against the petitioner, Sohail Aslam, as per FIR No.2026/15, dated 3.10.2015, under sections 376, 511 P.P.C., registered at police station Factory…

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