Summary Justice Muhammad Usman Ghani Rashid Cheema accepted the pre-arrest bail petition of Muhammad Ashfaq alias Ishtiaq and confirmed his previously granted interim bail.
LAHORE (Muhammad Ashfaq) – The Lahore High Court has ruled that even when an offence is legally non-compoundable, an out-of-court settlement between the complainant and accused may be considered while deciding a bail application.
However, the court clarified that such a settlement does not change the legal status or nature of the offence.
Justice Muhammad Usman Ghani Rashid Cheema accepted the pre-arrest bail petition of Muhammad Ashfaq alias Ishtiaq and confirmed his previously granted interim bail.
The court ordered his release on bail against surety bonds of Rs100,000 and one surety in the same amount.
According to the five-page written judgment, a case was registered against the accused at City Haroonabad Police Station in Bahawalnagar district on March 2, 2026. He was accused of criminal breach of trust under Section 406 of the Pakistan Penal Code.
According to the case, the accused and his accomplice had obtained the complainant’s car for temporary use but allegedly sold it to another person instead of returning it.
During the hearing, the complainant appeared before the court along with his lawyer and informed the court that the parties had reached an out-of-court settlement.
The complainant also raised no objection to confirmation of the accused’s bail.
The state counsel argued that an offence under Section 406 was non-compoundable, and therefore the complainant’s statement regarding the settlement could not legally amount to ending the offence.
The court agreed that the offence could not legally be compounded. However, it ruled that a voluntary settlement between the parties could not be ignored while deciding the bail matter.
The judgment stated that if a complainant voluntarily forgives an accused, is no longer interested in pursuing the case and does not oppose bail, the circumstances may constitute an important factor for the court when deciding the bail application.
The court clarified that such a settlement does not make a non-compoundable offence compoundable, nor does it alter the legal nature of the case. However, the settlement and the complainant’s lack of objection can be taken into consideration when deciding bail.
Since the complainant personally appeared before the court, confirmed the settlement and did not oppose the accused’s bail, the court held that these factors were sufficient to confirm his interim pre-arrest bail.
The Lahore High Court subsequently allowed the petition and confirmed the accused’s previously granted interim bail.
