2020 PLP 1545 (YLR)

ALI BAIG, J.

Shan Ali son of Majnoon Shah, the petitioner/accused, seeks post arrest bail through the instant bail petition in case arising out of FIR No.91/2019 dated 5-9-2019, registered under section 302, P.P.C., at Police Station Danyore, District Gilgit.

2. Briefly stated facts as narrated in the FIR by the complainant namely Masood Khan are that, on 5-9-2019, at 1900 hours, the above named complainant lodged FIR at Police Station Danyore stating that, on 5-9-2019, the deceased Mst. Laila had gone outside her house situated at Oshikhandas stating that she is going to wash clothes. At evening time, the complainant received information that the accused/petitioner, namely Shan Ali has murdered daughter of complainant, namely Mst. Laila, and his own real brother, namely Mubashir Abbas, on the suspicion of illicit relations between the above named both the deceased at upper side of house of complainant by opening fires with a rifle and he has been escaped from the scene of occurrence.

3. It would not be out of place to mention here that the petitioner earlier had filed bail application in the court of learned Additional Sessions Judge Gilgit which was dismissed by the learned Additional Session Judge Gilgit vide bail order dated 28-9-2019, hence this petition.

4. The learned counsel appearing on behalf of the petitioner contended that date of birth of the petitioner as per his matriculation certificate is 5-6-2003, thus he is juvenile and is entitled for concession of bail. The learned counsel for the petitioners further contended that all L.Rs of both the deceased have entered into compromise with the petitioner and they have no objection if the petitioner is released on bail. The learned counsel for the petitioner further argued that offence under section 302, P.P.C. is compoundable, therefore, the petitioner is entitled for concession of bail on the ground of compromise.

5. On the other hand, the learned Dy. Advocate General vehemently opposed this bail petition by contending that the offence is one of an honour killing and is not compoundable as Government/Legislature is going to amend in Cr.P.C. to discourage honour killing.

6. I have given my anxious consideration to the arguments advanced by the learned counsel for the parties and perused the available record with their able assistance.

7. Admittedly, the legal hairs of both the deceased have entered into compromise with the petitioner/accused and in this regard their statements have been recorded by the learned Additional Sessions Judge Gilgit and statements of female L.Rs of deceased have been recorded by a commission comprising of Mr. Mir Hussain Advocate as evident from the record. The legal heirs of both the deceased have forgiven the petitioner in the name of Allah Almighty and they have no objection if the petitioner is released on bail or acquitted of the charge under section 302, P.P.C. Moreover, as per Form "B" and Matriculation Certificate, the actual date of birth of the petitioner is 5-6-2003 and he was about 16 years old at the time of commission of offence, as such he is juvenile and on this ground too petitioner is also entitled for concession of bail.

8. Since the parties have themselves voluntarily forgiven a certain crime and have entered into a settlement/ compromise outside the court which may be considered good ground for grant of bail to the accused/petitioner in the interest of justice. In this connection, reference is made to the reported judgment of superior courts 1997 SCMR 1411, 1999 PCr.LJ 1107 and 1995 MLD 1826.

9. For the forgoing reasons, the petition in hand is accepted and consequently the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs.500,000/- (Rupees five lacs only) with two sound, reliable and men of means sureties each in the like amount to the satisfaction of the learned trial court. ADN/173/GB Bail allowed.