2011 P Cr (PLP)

CH. SHAHID SAEED, J.

Facts of the case are that the petitioner was posted as Lance Naik in Pakistan Army. He along with two other officials while driving a truck when reached five kilometers away from Yazman then a motor cyclist collided with the vehicle and the Motor Cyclist expired due to accident. The local police reached at the spot and initiated proceedings against him but the legal heirs of the deceased-Abdul Javaid got recorded their statements and preferred an affidavit alleging therein that they are not willing for criminal action against he petitioner and they have pardoned him in the name of Allah. thereafter, the Army authorities referred the matter before Summary Court Martial and proceeded under sections 59 and 55 of Pakistan Army Act 1952, and petitioner was sentenced to six months' R.I. 'and was dismissed from service. He was also directed to pay Diyat to the children of the deceased.

2. Learned counsel contends that the petitioner has served out the period of his sentence and in view of the report of learned ASJ Bahawalpur order for release of the petitioner be passed. At present, the petitioner is confined in New Central Jail Bahawalpur.

3. In response to order dated 31-8-2010 passed by this court the learned ASJ has submitted his report which shows that all the legal heirs have appeared before the court and have categorically mentioned that they have waived their right of qisas and Diyat as they have forgiven the convict in the name of Almighty Allah and they have no objection if the petitioner is released from jail. I have examined the report submitted by the learned ASJ. I find that the report is silent to the effect that whether the interests of minors sons and daughters namely, Arslan Javaid, Rehan Javaid (sons), Azka Javaid and Mariz Javaid (daughters) have been secured and safe-guarded or not.

4. Since the convict-petitioner has served out the period of his sentence and the legal heirs of the deceased have forgiven him in the name of Almighty Allah and waived their right of qisas and Diyat therefore, no useful purposes would be served to keep him in jail for indefinite period. Accordingly, on the basis of compromise, the petitioner shall be released on bail provided he furnishes bail bonds in the sum of rupees fifty thousand with one surety in the like amount to the satisfaction of Deputy Registrar (Judi.) of this court.

5. So far as the right of minors is concerned, the case is sent back to learned Sessions Judge Bahawalpur, who shall take necessary steps for securing the rights of minors and submit his report in this context to this court within three weeks.

6. The question regarding aequittal of the convict-petitioner shall be taken up on the next date of hearing. Office to fix the case immediately after the report is received by the learned Sessions Judge and petitioner is also directed to appear before this court on the next date of hearing. H.B.T./I-16/L Order accordingly.