2017 PLP 81 (YLRN)
SHAHID — Petitioner Versus The STATE and another — Respondents
| Citation | 2017 PLP 81 (YLRN) |
| Forum / Court | Lahore |
| Bench Members | Shahid Hameed Dar, J |
| Parties | SHAHID — Petitioner Versus The STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2017 PLP 81 (YLRN)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 PLP 81 (YLRN)?
The case was heard and decided by the Lahore bench comprising: Shahid Hameed Dar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 81 (YLRN) (SHAHID — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Asif Chatha for Petitioner.
Headnotes / Summary
S. 498
Penal Code (XLV of 1860), Ss.148, 149, 337-A(ii), 354 & 452
Rioting, common object, causing shajjah-i-mudihah, assault or criminal force to woman with intent to outrage her modesty, house-trespass after preparation for hurt, assault or wrongful restraint
Parties compounded the offence and decided to bury the hatchet, so as to ensure a peaceful living in future
Statements of the injured lady and that of the complainant, as to compounding the offence ought to be given due significance and the parties involved, could be afforded an opportunity to harvest fruit of their good intentions inter se
Compromise even in non-compoundable offences would make crucial circumstance and a redeeming features which would help the warring-parties come close to each other and live peaceful onwards
High Court observed that let non-compoundable nature of the offences under Ss.452, 354, P.P.C., not frustrate their noble intention
Ad interim pre-arrest bail granted to accused, was confirmed, in circumstances. [Para. 5 of the judgment] Rana Tasswar Ali Khan, Deputy Prosecutor General Punjab for the State. Complainants Muhammad Ghafar and Shamshad Bibi injured in person.
Judgment & Decree
SHAHID HAMEED DAR, J.
Muhammad Ghaffar and Mst. Shamshad Bibi wife of Shaukat Ali are the complainant and injured witness respectively of case-FIR No.782/15, dated 11.12.2015, under sections 148, 149, 337-A(ii), 354, 452, P.P.C., Police Station Bhikhi (Sheikhupura). They are in attendance and they, on having been identified by Tariq Matloob ASI/IO have submitted in unison that they have compounded the offence and forgiven the accused/petitioner, Shahid and they have no objection if his bail-plea is accepted. They have tendered their sworn affidavits (Mark-A & Mark-B) to the said effect and they exclusively owned the contents thereof.
2. The allegation against the petitioner, Shahid is that he being armed with pistol joined by his armed co-accused forcibly entered the house of the complainant's sister, Mst.Shamshad Bibi at about 6:00 a.m. on 06.12.2015, where they tortured her and inflicted injuries on various parts of her body.
3. Learned counsel for the petitioner has submitted that compromise has been effected between the parties, therefore, the petitioner may be granted the relief prayed for.
4. Learned Deputy Prosecutor General Punjab submits that offences under sections 452 and 354, P.P.C. are non-compoundable, so, compromise between the parties may not be given any extra weightage.
5. After hearing the learned counsel for the parties and perusing the record, it is observed that the parties have certainly compounded the offence and decided to bury the hatchet, so as to ensure a peaceful living in future. The statements of the injured lady Mst. Shamshad Bibi and that of the complainant Muhammad Ghaffar, as to having compounded the offence, ought to be given due significance and the parties involved may be afforded an opportunity to harvest fruit of their good intentions infer-se. Needless to say, compromise even in non-compoundable offences makes a crucial circumstance and a redeeming feature which helps the warring-parties come close to each other and live peacefully onwards. Let non-compoundable nature of the offences under sections 452, 354, P.P.C. not frustrate their noble intentions. Therefore, this application is accepted and ad-interim pre-arrest bail granted to the petitioner vide order dated 15.02.2016 is confirmed subject to furnishing fresh bail bonds in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of the learned trial Court. HBT/S-49/L Bail confirmed.