Skip to main content

Chairman Agriculture Development Bank of Pakistan vs. Mumtaz Khan, PLD 2010 SC 695

The accused, an employee of applicant bank, was charged with murder and sentenced to life imprisonment. He was consequently removed from service with the bank. Subsequently, he paid the victim's wali (guardian or person with authority) for the purpose of compounding the offense. After he was released, he filed an appeal for reinstatement and back pay relying on a provision of the Code of Criminal Procedure which states that, "The composition of an offense under this section has/have the effect of an acquittal of the accused with whom the offence had been compounded." His application was granted. The bank appealed but the decision was upheld. According to the Supreme Court, "Awf (waiver) of Suih (compounding) in respect of an offence has the effect of purging the offender of the crime."