Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 302

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860 ), S. 302---Qatl-i-amd---Bail, refusal of---Noticeable abscondence---Effect---Allegation against the petitioner was that he committed murder of the brother of complainant and absconded for almost twenty years---Record revealed that the petitioner had specifically been nominated in a promptly lodged FIR for committing murder of the deceased ruling out the possibility of contemplation, deliberation and consultation---Besides complainant, the occurrence was also witnessed by paternal cousin of complainant---Petitioner, after commission of offence, remained absconder for a period of about twenty years---Medico Legal Report supported the contention of the complainant---Petitioner was not charged for causing fire arm injury to the minor in FIR, but subsequently it was disclosed that the said minor also sustained injuries at the hands of the petitioner, and his presence had been shown at specific point in the site-plan---Petitioner was arrested after twenty years of the occurrence---Fugitive from law lost some of the normal rights granted by the procedural and substantive law and noticeable abscondence disentitled the absconder to the concession of bail notwithstanding the merits of the case---Trial, in the present case , had already commenced and charge had been framed against the accused---Bail is notallowed in such a case---In view of specific charge supported by the eye-witnesses coupled with noticeable abscondence provided reasonable grounds tobelieve that the petitioner was guilty of offence charged with, which fell withinthe prohibition contained in S. 497, Cr.P.C, therefore, he was not entitled to theconcession of bail---Bail was refused to the petitioner, in circumstances. Awal Khan and others v. The State PLD 1985 SC 402; Raza Khan v. State 2013 MLD 810; Mindad v. State 1992 SCMR 1448 and Syed Akbar and anotherv. Gul Akbar and another 1996 SCMR 931 ref. THIS JUDGMENT DELIVERED BY: SHAKEEL AHMAD, J.--- Through this criminal miscellaneous bail application, the petitioner Jahan Daraz alias Jahan Gully son of Muhammad Khan seeks post-arrest bail in case vide FIR No. 110 dated 13.3.1998…

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