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GHULAM YASIN versus STATE

Sections 498/497 and 345 (2A) of the Criminal Procedure (XLV of 1860) Section 302 Bail before arrest, refusal to permit murder related to honor killings, is the fact that the deceased's legal heirs Pardoned, it was against the state as well as the society - the High Court observed that 'honor killing' was taking place in the society and innocent people were killed in cold blood every day - Section 345 (2A), CR PC, provided that in 1 case of 'honor killings', a compromise may be allowed - only with certain conditions, and the trial court's approval in this regard must be declared compulsory. Is a. Section 302 (c), the application of the PPC, was excluded in the case of the name or honor deed which fell under the provisions of Sections 302 (a) and (b), PPC used Failure to disclose any kind of financial support to the complainant, or to be trapped by the police falsely - recovery was yet to be effected by the hit applicant - murder case against each accused accused of murder. ??????? Appeal for bail was dropped accordingly before arrest. [PP 105, 1061A, B, C, D & F

PLD 2017 Lahore 103

Before Erum Sajad Gull, J

GHULAM YASIN—Petitioner

versus

STATE and another—Respondents

THE STATE and another-- Respondents Criminal Miscellaneous No. 25168-B of 2015, decided on 3th December, 2015.

(a) Criminal Procedure Code (V of 1898)

--Ss. 498/497 & 345(2-A)--Penal Code (XLV of 1860) S. 302-- Qatt-i-amd--Bail before arrest, refusal of -- commpounding of offences Honour killing-- Compromise in cases of honour killing permissibility--Mere fact that the legal heirs of the deceased has pardoned the accused, was against him was against the State as well as against the society—High Court observed that ‘honour killing' prevailing in the society and every day innocent people were bT murdered in cold blood—Section 345(2-A), Cr.P.C, provided that 1 case of ‘honour killing’, compromise could be allowed only subject'll certain conditions, and approval of the Trial Court was also mandate in that regard—Applicability of S. 302(c), P.P.C, had been excluded in cases of qatl-i-amd committed in the name or on the pretext of honour which fell within the ambit of S.302(a) & (b), P.P.C.—Accused failed to point any mala fide either on part of the complainant or the police to falsely implicate him—Recoveries were yet to be effected from Hit petitioner—Pirma facie the offence of murder teas made out against Hit accused—Application for bail before arrest was dismissed accordingl). [pp. 105, 1061 A, B, C, D&F

(b) Criminal Procedure Code (V of 1898)—

—Ss. 498/497—Bail—Principles—Extraordinary judicial relitj

requires extraordinary circumstances, and the same is granted lo protect innocent persons from humiliation and disgrace, [p. 106] E

Sardar Muhammad Ramzan for Petitioner along yith the Petitioner.

Ms. Ummul Baneen, Deputy District Public Prosecutor along with Javaid, S.I. with record for the State.

Ch. Walayat Ali for the Complainant.

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