Law: Criminal Procedure Code (V of 1898)

Section: 497(1)

Law: Pakistan Penal Code, 1860

Section: 34,302,324

Criminal Procedure Code (V of 1898)--- ----S. 497(1)---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Bail, refusal of---Accused-petitioner was charged for committing murder of deceased and attempting at the lives of complainant and one other---Accused-petitioner had contended that complainant had sworn affidavit wherein he stated that accused-petitioner had falsely charged the present petitioner, therefore, the prosecution case required further inquiry into his guilt---Daughter of the deceased appeared in person and contended that the complainant had effected compromise with the petitioner after taking money from him, therefore, the affidavit appended with the petition was not worth consideration---Validity---Record reflected that accused-petitioner was one of the nominated accused for committing murder of deceased and attempting at the lives of complainant and one other---Accused-petitioner, after commission of offence, remained at large for more than 18-years---No explanation for his noticeable abscondence was offered---Fugitive from law had lost some of his normal rights, procedural as well as substantial, and bail might be refused on the sole ground of abscondence regardless of the merits of the case---Post-mortem report of the deceased revealed that he had sustained multiple firearm injuries on his body which too supported the prosecution---Supplementary challan had been put in court and trial had commenced---When the case was fixed for evidence or the trial had begun or likely to commence, bail application should not be considered on merits and the matter be left to the Trial Court, lest it might prejudice the case of either side---Bail petition being bereft of merits was dismissed in circumstances. Muhammad Sadiq v. Sadiq and others PLD 1985 SC 182; Awal Gul v. Zawar Khan and others PLD 1985 SC 402; Ibrahim v. Hayat Gul and others 1985 SCMR 382; Raja Fazal ur Rehman v. Muhammad Afzal and others 2010 SCMR 179; Muhammad Sadik and others v. The State 1980 SCMR 203; Muhammad Ismail v. Muhammad Rafique and another PLD 1989 SC 585; Mian Dad v. The State and another 1992 SCMR 1418; Said Akbar and…

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