1

In the Court of Muhammad Hussain

Sessions Judge, Bannu
SC No 214 of 2014
State..Vs.Suleman Bahader and another
ORDER
10.12.2014
1.

Mr. Kiramat Ullah Khan Dy. PP for the State

and accused Suleman Bahader and Abdullah on bail

present while accused Tahir Khan is absconding.
2.

On

04.12.2014,

Zahid

Ullah

Khan

(complainant) and Shahid Ullah Khan (eye witness)

sons of Afsar Ali Khan residents of Zaker Khel Surani,
District Bannu in person present and stated at the
bar that they have patched up the matter with the
accused Suleman Bahader alias Suleman s/o Gul
Bahader r/o Mohallah Khan Bahader Gowshala Bannu
City and Abdullah s/o Sahib Zaman r/o Fatima Khel,
Bannu

as well as the absconding co-accused Tahir

Khan s/o Wazir Zada r/o Sharif Abad Dakhli Bazar

Ahmad Khan, District Bannu and did not want to
prosecute them any further and had no objection on
their acquittal in the instant case FIR No. 478 dated

02.11.2013 registered U/Ss: 506/382/34 PPC P.S.

Cantt:, Bannu.
3.
and

Statements of complainant Zahid Ullah Khan

PW/eye

witness

Shahid

Ullah

Khan

were

recorded as PW-1 & PW-2 respectively.

4.

On the same date, counsel for the accused

submitted an application U/S 265-K Cr. P.C for

acquittal of the accused. Notice of the same was
given to the prosecution. Arguments heard.
5.

Allegations against the accused are that on

the eventful day, the accused duly armed, entered

into the room of the complainant, snatched away Rs.
5,00,000/- besides licensed .30 bore pistol # BEX
4144SSR from the complainant Zahid Ullah Khan and
the complainant charged all the accused, named
above in the FIR. However, during cross-examination
as

PW-1,

the

complainant

Zahid

Ullah

Khan

categorically stated that the accused were muffled

faces and he charged the accused on the basis of
suspicion and the accused have satisfied him and his
brother regarding their innocence and they are no

more interested in prosecution of the case against

the accused and that he shall not have any objection
even on the acquittal of accused. His brother and eye
witness namely Shahid Ullah, as PW-2, has also
followed the suit in his cross-examination.
6.

Though the offence for which the accused are

charged is not compoundable in toto but as the

complainant party has pardoned the accused and are
no more interested in their prosecution in the instant
case, and in the light of statements on oath of the
complainant and eye witness, there is no probability
of the accused Suleman Bahader and Abdullah being
convicted in the instant case. Therefore, further
proceedings in the case will be nothing but just a
futile exercise and wastage of precious time of the
Court.
7.

Hence, while exercising the powers U/S 265-K

Cr.PC, the accused facing trial Suleman Bahader and

Abdullah as well as the absconding co-accused Tahir
Khan are acquitted of the charges leveled against
them in the instant case.

8.

They are on bail, their bail bonds stand

cancelled and their sureties are absolved from their

liabilities under the bonds.
9.

A copy of this order be sent to the learned

Judicial Magistrate-II, Bannu with direction to drop

proceedings U/S 514 Cr. P.C, pending in his Court
against the absconding accused (since acquitted)
namely Tahir Khan and his sureties.
10.

Case property be disposed of, after the expiry

of period of limitation for appeal/revision.

11.

Record be returned and file be consigned to

the Record Room.

Announced
10.12.2014

(MUHAMMAD HUSSAIN)
SESSIONS JUDGE, BANNU