BISMILLAH vs State S — 2021 MLD 1131 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 MLD 1131 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: MLD
Parties: BISMILLAH vs State S
Subject matter: Criminal
Provisions referred to: S. 517---O; S. 324; S. 345

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

BISMILLAH VS State S.517---Order for disposal of property regarding which offence committed---Accused was booked in a criminal case registered under S.324, P.P.C., he was tried and after accepting an application under S.345(2), Cr.P.C., was acquitted, however the case property, pistol, was ordered to be confiscated in favour of State and the licence to be cancelled---Validity---No distinction could be drawn between an acquittal on the basis of compromise in compoundable offences or an acquittal by way of benefit of doubt, consequences in each case would be the same---In the context of the provisions of S.345(6), Cr.P.C., the effect of an acquittal recorded by a court on the basis of a successful and complete compounding of a compoundable offence shall include all the benefits and fruits of a lawful acquittal---In case of acquittal, the accused became entitled to all the reliefs consequent upon to his acquittal including the release of his property seized by the police during the investigation of the case---Since the accused was acquitted of the charge in view of the compromise effected between the parties, as such, accused was entitled to get the case property---Appeal was allowed by setting aside the impugned order and case property was ordered to be delivered to the accused after due verification of the licence by the issuing authority.

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