2020 PLP 1873 (MLD)
SOHAIL AHMAD GHAURI — Petitioner Versus The STATE and others — Respondents
| Citation | 2020 PLP 1873 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | SOHAIL AHMAD GHAURI — Petitioner Versus The STATE and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2020 PLP 1873 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2020 PLP 1873 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2020 PLP 1873 (MLD) (SOHAIL AHMAD GHAURI — Petitioner Versus The STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ashtar Ausaf Ali, Muhammad Qamar uz Zaman and Barrister Asad Rahim Khan for Petitioner.
Headnotes / Summary
Ss. 497 & 345
Penal Code (XLV of 1860), S. 489-F
Scope
Accused sought post arrest bail in a case registered under S.489-F, Cr.P.C.
Accused apprised the Court that the dispute with the complainant was settled
Complainant endorsed the factum of compromise, submitted an affidavit and stated that he had no objection if bail application of the accused was allowed
Held; offence with which the accused was charged was compoundable as mentioned in S.345, Cr.P.C.
Compromise between the parties was always a redeeming feature, which brought peace and harmony in the society
Statement of complainant coupled with his affidavit reflected that he had entered into compromise of his own free will and consent and had no objection if bail application was allowed
Case of accused called for further inquiry falling under S.497(2), Cr.P.C.
Accused was not required for further investigation
Bail was allowed, in circumstances.
Judgment & Decree
RAJA SHAHID MEHMOOD ABBASI, J.
Through this petition under section 497 Cr.P.C., petitioner Sohail Ahmad Ghauri, seeks post arrest bail in case FIR No. 1391 dated 17.12.2013 registered under section 489-F P.P.C., at Police Station A-Division, Okara.
2. Briefly, the allegation against the petitioner as per crime report lodged by Malik Muhammad Akram Shad, is that he issued three cheques amounting to Rs.9,50,001/- in favour of the complainant which on presentation before the concerned bank, were dishonoured.
3. Heard. Record perused.
4. At the very outset learned counsel for the petitioner submits that the petitioner Sohail Ahmad Ghauri has settled the dispute with the complainant Malik Muhammad Akram Shad, who has no objection if bail application of the petitioner is allowed.
5. Malik Muhammad Akram Shad complainant, present in the Court along with his learned counsel, has endorsed the factum of compromise between the parties and submitted affidavit (Mark-A) and states that he has no objection if bail application of the petitioner is allowed.
6. Learned D.P.G. for the State has not opposed this bail petition on the basis of settlement arrived at between the parties.
7. Record reveals that the offence with which the petitioner has been charged is compoundable as mentioned in section 345 Cr.P.C. The compromise between the parties has always been held a redeeming feature, which brings peace and harmony in the society and only for this reason, the courts have always respected enthusiasm and passion of the parties to compound the offence. The statement of the complainant coupled with his affidavit (Mark-A) reflects that he has entered into compromise of his own free will and consent and has no objection if bail application of the petitioner is allowed. In view of the above-mentioned facts the case of the petitioner calls for further inquiry falling under sub-section (2) of section 497 Cr.P.C. He is behind the bars and no more required for further investigation. No useful purpose would be served to the prosecution for his further detention.
8. Consequently, while taking into consideration the statement of the complainant before the Court and affidavit (Mark-A), this petition is allowed and post arrest bail application of the petitioner, Sohail Ahmad Ghauri, is allowed, subject to his furnishing bail bonds in the sum of Rs.100,000/- (Rupees one lac) with one surety in the like amount to the satisfaction of the trial court. However, the parties are bound down regarding the terms of the compromise. SA/S-42/L Bail granted.