Law:

Section:

(a) Absconder-------Fugitive from law and Courts loses some of his normal rights granted by procedural as well as substantive law. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail, grant and cancellation of---Principles---Bail once granted should not ordinarily be cancelled because principles of cancellation and granting of bail are different--- Courts should be slow in recalling bail once granted but there is no bar in recalling of bail granted to accused---Grant of concession of bail is discretionary relief which can only be extended to accused person about whom Court is satisfied that he is not connected with commission of offence. (c) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), S. 302---Qatl-e-amd---Bail, cancellation of---Abscondance---Accused remained absconder for 27 years and was released on bail after he was arrested---Validity---Accused was prima facie involved in commission of offence which fell within prohibitory clause of S.497, Cr.P.C.---High Court keeping in view the nature of crime and conduct of accused who remained absconder for about 27 years, did not find accused entitled to concession of bail---Court below did not assess material available on record in its true perspective while granting bail to accused---Bail was cancelled in circumstances. Nazir Ahmad and another's case PLD 2014 SC 241 ref. JUDGMENT ABDUL LATIF KHAN, J.---The petitioner, who is complainant of case F.I.R. No. 40 dated 3-5-1987 under section 302, P.P.C., registered at Police Station, Wari, District Dir Upper, has approached this Court for recalling of bail granted to the accused/respondent, namely, Baezzat, by learned Additional Sessions Judge/Izafi Zilla Qazi, Dir Upper, Wari, vide his order dated 12-5-2014. 2. According to prosecution story, Aseel Zada, complainant, lodged a report on 3-5-1987 at 08.10 hours that on 2-5-1987 at 1700 hours Bazar Khan alias Bazargai due to land dispute committed the murder of his father, namely, Sherin Zada, by firing at him with his Kalashnikov in his presence as well as Bacha Rehman and Khan Zameen. The accused, after registration of the case, went into hiding and was arrested on 27-4-2014,…

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