2017 PLP 4 (MLD)

SHAHID HAMEED DAR, J.

The allegation against the petitioner, Sohail Aslam, as per FIR No.2026/15, dated 3.10.2015, under sections 376, 511 P.P.C., registered at police station Factory Area, Lahore, is that he forcibly entered the house of Asif Masih (complainant) and finding his daughter Mst.Fakhra Pinki alone there, grasped her in his arms, felled her on a cot, started kissing her and made an attempt to remove her clothes by lying upon her with intent to commit rape on her; she raised alarm, whereon he ran away; he was witnessed by Muhammad Faheem while leaving the spot.

2. After hearing the learned counsel for the parties and perusing the record, it is observed that the petitioner has certainly committed an offence, which is not only non-bailable but also uncompoundable. The complainant party including the alleged victim has, however, forgiven the accused and shown consent not to press against his plea for bail-before arrest, rather they joined him in his quest for seeking the said relief. The complainant and his adult daughter were identified by Muhammad Ikram-ul-Haq ASI/IO before they categorically stated that the petitioner had sought an apology from them before a gathering of the brethren by showing remorse and making a pledge not to turn unethical or immoral again to the victim in future. Learned counsel for the petitioner used every word that he possessed in his vocabulary to show penitence of the accused and making the alleged victim believe that she would not ever be teased by him.

3. The alleged victim's father looked satisfied, like her daughter was, as to the apology sought after by the accused from them. They both submitted in unison that the accused-petitioner had been sternly admonished and given a lesson to learn by the christian brethren, hence, they would like to see his application for bail-before-arrest, successfully gone through. Both of them have submitted their sworn affidavits (Mark-A & Mark-B) as to the factum of compromise and that of forgiveness to the accused, the contents whereof they have exclusively owned.

4. It may easily be observed that the parties have compounded the offence and decided to make it a peaceful living in future. The indecency committed by the accused had been strongly reacted to by the alleged victim and her father (complainant), which compelled the accused to bow his head in shame and seek a heartfelt apology from them before hundreds of eyes, glued to his face. He appears to have been cut to his size and he must have learnt lesson of the life, as to how one ought to respect and treat youthful daughters of the others. The fact that the parties have themselves voluntarily forgotten and forgiven the crime and entered into an outside court settlement may be considered a ground for granting bail to the accused in the interest of justice and equity. If the complainant party is no longer willing to prosecute the matter, then it should not be for the court to pressurize them to continue with their hostilities and hatred. The gravity of the offence allegedly committed, can validly be determined by the learned trial court after recording evidence of the parties at trial, but fruit of compromise may not be declined to be plucked and enjoyed by them at present. Let the parties' will to compound the offence be respected and given an assent to, notwithstanding the nature of allegation, being it compoundable or otherwise. Therefore, this application is accepted and ad-interim pre-arrest bail granted to the petitioner vide order dated 6.11.2015 is confirmed subject to furnishing fresh bail bonds in the sum of Rs.1,00.000/- (one lac) with one surety in the like amount to the satisfaction of the learned trial court. HBT/N-11/L Bail confirmed.