Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,324,427,34

(a) Criminal Procedure Code (V of 1898)--- ----S.497---Penal Code (XLV of 1860), Ss.302, 324, 427 34---Qatl-i-amd, attempt to commit qatl-i-amd, mischief causing damage to the amount of fifty rupees and common intention---Bail, refusal of---Absconsion of accused---Scope---Accused along with another was alleged to have murdered the complainants brother---Accused was directly charged for commission of the offence---Incident had occurred in the daylight, so no question arose with regard to misidentification of the culprits, that too when the parties were known to each other---Deceased had multiple injuries on his body and the Investigating Officer had recovered seven empties of 7.62 bore from the spot which lent support to the case of the prosecution---Tractor of the complainant was also taken into possession which had bullet marks on its body and was damaged in which respect S.427, P.P.C., was added, which further supported what the complainant stated---Counsel of accused invited the attention of Court to the fact as to how the complainant escaped unhurt when two of the accused were firing at the tractor simultaneously---Court, while seized of the bail matter had to make tentative assessment and deeper appreciation of evidence was unwarranted, which could prejudice the case of either side---Accused had remained fugitive from law for almost three years and had failed to justify such a long absconsion---Petition for grant of bail was dismissed, in circumstance. Aamir Bashir and another v. The State and another 2017 SCMR 2060 ref. (b) Criminal Procedure Code (V of 1898)--- ----S.497---Bail---Absconsion of accused---Scope---Fugitive from law loses some of the normal rights granted by procedural and substantive law and noticeable absconsion disentitles the absconder to the concession of bail notwithstanding merits of the case. Awal Khan and others v. The State PLD 1985 SC 402 and Raza Khan v. State 2013 MLD Pesh. 810 ref. (c) Criminal Procedure Code (V of 1898)--- ----S.497---Bail---Commencement of trial---Scope---Accused was not to be released on bail when trial is in progress. Said Akbar and another v. Gul Akbar and another 1996 SCMR 931 ref. JUDGMENT SAHIBZADA…

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