Law:

Section:

Criminal Procedure Code (V of 1898) --------- ----------S. 497(5) --------- Penal Code (XLV of 1860), Ss.324, 337-A(i) & 341 --------- Attempt to commit qatl-i-amd, causing Shajjah-i-Khafifah, wrongful restraint --------- Bail, cancellation of --------- Accused after occurrence, remained absconded for more than ten months --------- Such conduct of accused, would disentitle him to some of the normal rights, including right of bail granted by the procedural and substantive law --------- Said absconsion, had not been sufficiently explained by accused before the Trial Court --------- Conduct of accused, would disentitle him to the concession of even post arrest bail --------- No doubt, challan had already been submitted before the Trial Court; accused was no more required for investigation; and if his bail was cancelled; he was sent behind bars, and ultimately he was acquitted, there would be no price for agony he would suffer; but in the present case, the peculiar facts and circumstances, especially when accused remained absconder for a pretty long time, suggested that; tendency of absconsion after committing an offence by criminals ought to be eliminated to keep the society non-violent and peaceful --------- Impugned order whereby application for cancellation of bail of accused was dismissed, was set aside --------- Accused would be taken into custody and he would be sent to judicial lock up. PLD 1988 SC 726; 2002 MLD 1268 and Mushtaq Hamed v. The State 2000 SD 698 ref. 2005 PCr.LJ 1843; 2011 SCR 126; 2011 SCR 80; 2011 SCR 244 and 2012 PCr.LJ 1560 distinguished. THIS ORDER PASSED BY: M. TABASSUM AFTAB ALVI, JUSTICE:---------- The supra titled revision petition has been filed against the impugned order dated 7-2-2014, recorded by District Court of Criminal Jurisdiction, Kotli, whereby an application moved by complainant-petitioner for cancellation of bail of accused respondent was dismissed. 2. The facts precisely stated are that Iftikhar Ahmad, complainant, lodged a report at Police Station Nar on 20.12.2012, alleging therein that he was proceeding towards Bazaar from his house but on the way Mohib, accused, who came by riding on a Prado vehicle, stopped him…

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