2011 PLP 1881 (YLR)

SH. NAJAM UL HASAN, J.

Through this single order, I intend to dispose of two petitions i.e. Criminal Miscellaneous No. 14387-B of 2010 and Criminal Miscellaneous No.14073-B of 2010 as both these matters relate to case F.I.R. No. 534 dated 2-4-2010 for the offences under sections 302,148,149, P.P.C. registered at Police Station Shahdara, Lahore. In both the petitions the petitioners seek pre-arrest bail.

2. Briefly the prosecution case as per F.I.R. is that on 2-4-2010 at about 8-00 a.m. the complainant, her husband and children were present in the house. The complainant was taking breakfast along with her children. Suddenly, she heard the noise of firing and her husband Nazir Ahmed peeped through the window and one blind bullet hit him on his head which caused his death. The son of the complainant attended his father and he saw that there was exchange of firing between Naveed Zulfiqar group and Mian Muhammad Amir group over return of dowry.

3. Learned counsel for the petitioners contends that there is no direct allegation against the petitioners in the F.I.R.; that one bullet hit the deceased and it is not established as to who is responsible for causing the same; that during investigation Muhammad Sarwar and Aurangzeb, peti-tioners in Criminal Miscellaneous No.14073-B of 2010 have been found innocent by the investigating officer; that the parties have entered into compromise as the petitioners' side has paid the Diyat amount and the affidavit of the complainant in that respect is available on the police file.

4. On the other hand, learned Deputy Prosecutor-General states that the parties have entered into compromise and the compromise deed is available on the police file.

5. I have heard learned counsel for the parties and have also gone through the record. There was no direct allegation against the petitioners of firing at the deceased. It is not clear as to who was responsible for firing which hit the deceased. Further, during investigation Muhammad Sarwar and Aurangzeb, petitioners have been declared innocent. The parties have entered into compromise. The complainant, who is wife of the deceased, is present in Court, has affirmed the factum of compromise between the parties. As the parties have entered into compromise. So the petitioners have made out a case for pre arrest bail. Consequently, both these petitions are allowed and ad-interim pre arrest bail already granted to the petitioners stands confirmed subject to their furnishing fresh bail bonds in the sum of Rs.2,00,000 (rupees two lac only) each with one surety each in the like amount to the satisfaction of learned trial Court. H.B.T./A-121/L Bail granted.