Judgment (Bail in Offence of robbery as mentioned in section 392 of Pakistan Penal Code does not find mention in the table given in section 345, )

 ناقابل راضی نامہ جرائم میں بھی راضی نامہ کی بنیاد پر ضمانت ھو سکتی ھے

Offence of robbery as mentioned in section 392 of Pakistan Penal Code does not find mention in the table given in section 345, subsection (1) of the Criminal Procedure Code and, therefore, is not compoundable. Similarly, section 411 of Pakistan Penal Code does not figure in the table mentioned under section 345, Cr.P.C. and, therefore, is not compoundable. However, the fact that the complainant himself has executed the affidavit, wherein he has undertaken that he has forgiven the petitioner/accused on the name of Allah Almighty and shall have no objection if the petitioner/accused is acquitted or released on bail after arrest, may be considered as the ground for the grant of bail in the interest of justice and equity. Where the complainant party is no longer willing to prosecute the matter any further then it is not for this Court or the Courts subordinate to it to compel the parties to do so, as the saying goes, “you can take the horse till the water but you cannot make him drink”.

Criminal Misc. No. 1348-B/2020

Tasawar Hussain Versus The State & another.