Law:

Section:

(a) Constitution of Pakistan (1973)-- Art. 185(3)-Criminal Procedure Code (V of 1898), S. 497(2)Penal Code (XLV of 1860), Ss. 302/148/149 - Abscondence of accused Bail-Leave to appeal granted to consider whether term "further inquiry" occurring in S. 497(2), Cr. P. C. was correctly construed and what was effect of abscondence of accused for a period of about six months on their right to grant of bail.-[Abscondence]. (b) Criminal Procedure Code (V of 1898) S.497(2)-Phrase "further inquiry", scope and meaning of Bail under S. 497(2), Cr. P. C. can be granted to accused as of right if Officer Incharge of Police Station or Court taking cognizance of matter comes to a definite conclusion on consideration of entire material that "there are no reasonable grounds for believing that accused has committed a non-bailable offence"-Accused cannot be released on bail on ground of "further inquiry" without such finding of said authorities.-[Words and phrases]. Section 497(2), Cr. P. C. does not leave it to the discretion of the Court to withhold bail to a person accused of non-bailable offence. It has to be allowed to him as of right under this provision if an important prior condition is fulfilled, namely, that the officer incharge of Police Station or the Court taking cognizance of the matter comes to a definite conclusion on consideration of the entire material that "there are no reasonable grounds for believing that the accused has committed a nonbailable offence". Without such finding by such officer or the Court the accused would not be released on ground of further inquiry under subsection (2). And similarly if such a finding is recorded the accused cannot be denied the right of bail granted to him by the same provision. Ibrahim v. Hayat Gul and another 1985. S C M R 382 fol. (c) Criminal Procedure Code (V of 1898) S. 497(2)-Penal Code (XLV of 1860), Ss. 302/148/149- Abscondence of accused for a period about six months-Effect of abscondence on bail-Fugitive from law and Court, held, loses some of normal rights granted by procedural as also substantive law- Unexplained noticeable noticeable abscondence of accused, therefore, disentitles him to concession of bail…

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