Citation Name: 2023 PCrLJ 1476 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD EJAZ SAEED vs State Ss — 2023 PCrLJ 1476 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 PCrLJ 1476 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: PCRLJ
Parties: Citation Name: 2023 PCrLJ 1476 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD EJAZ SAEED vs State Ss
Subject matter: Criminal
Provisions referred to: S. 109---E; S. 22---P; S. 109; S. 22; S. 345; Penal Code (XLV of 1860); Emigration Ordinance (XVIII of 1979); Migrants Act (XVIII of 2018); Emigration Ordinance; Migrants Act

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

Citation Name: 2023 PCrLJ 1476 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD EJAZ SAEED VS State Ss. 497 & 345---Penal Code (XLV of 1860), S. 109---Emigration Ordinance (XVIII of 1979), S. 22---Prevention of Smuggling of Migrants Act (XVIII of 2018), Ss. 3 & 6---Receiving money, etc. for providing foreign employment, smuggling of migrants---Bail, refusal of---Non-compoundable offence---Accused was alleged to have committed an offence under S. 109 of P.P.C., S. 22 of the Emigration Ordinance, 1979 and Ss. 3 & 6 of the Prevention of Smuggling of Migrants Act, 2018---Accused sought bail on the new ground of compromise---Held; the accused was charged with a non-compoundable offence---Considering the serious nature of such offences, no leniency could be granted to the accused involved in such crimes---Section 345 of the Cr.P.C. had listed the offences that could be compounded by the parties---Legislature had explicitly prohibited the compounding of offences not mentioned in S. 345 of the Cr.P.C.---Moreover, under Chapter XXIII of Sched. II of the Cr.P.C., offences against other laws (special laws) were deemed non-compoundable---Therefore, the accused did not deserve to be released on bail based on the new ground of compromise---Consequently, the bail petition was dismissed.

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