Law:

Section:

(a) Criminal Procedure Code (V of 1898)---Ss. 497 & 345(2)---Penal Code (XLV of 1860), Ss. 302, 34, 311 & 338-E---Qatl-e-amd, common intention---Bail, refusal of---Murder on the pretext of 'siyahkari'---Waiver or compounding of offence---Scope---Compromise effected outside the court---Scope---Contentions of the accused persons were that parties had compounded the offence and forgiven each other in the name of Allah, and that compromise had been effected, and as such court below was not justified in refusing bail to the accused persons---Validity---No one could be granted the licence to take the law in his own hands and start executing culprits instead of taking them to the courts of law---Killing of women on the pretext of 'siyahkari', was un-Islamic, illegal, unconstitutional and an offence against the State and the society---Murder based on honour (ghairat) did not furnish a valid ground for grant of bail---Offences committed in the name or on the pretext of 'siyahkari' and similar other customs or practices may be waived or compounded subject to such conditions as the court deemed fit to impose with the consent of the parties having regard to the facts and circumstances of the case---Such offences were within the circumference of waiver or composition---Compromise effected outside the court was of no value unless sanctioned by a court as envisaged in column No.3 of S.345(2) Cr.P.C, and such sanction was to be based on sound and reasonable discretion and was not to be accorded as a matter of routine---Court had to decide, after taking into consideration all the attending circumstances of the case, whether in the given situation it should or should not grant permission for compounding the offence---Courts were obliged to decide, whether the case fell within the provisions of S.311, P.P.C and whether the offender despite the compromise, deserved to be punished by way of ta'zir---Accused persons were involved in the commission of the murder of two innocent persons on the pretext of 'siyahkari', while taking the law in their own hands, therefore, they did not qualify for the grant of bail---Offence could not be compounded automatically by the legal heirs,…

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