Law:

Section:

Criminal Procedure Code (V of 1898)---S.497(5)--Cancellation of bail--Accused remaining absconder for 22 months and even after grant of bail was responsible for delaying trial-­Fact that accused had remained absconder for a long time being a relevant factor, held, should not have been lightly taken in enlarging accused on bail--Bail ordered to be cancelled in circumstances. JUDGMENT M.S.H. QURAISHI, J.--This appeal by leave of the Court is directed against the order of the Sukkur Bench of the Sind High Court, dated 21-2-1984, whereby the plea of the appellant/complainant for recall of bail granted to the respondent by the said Bench on 14-2-1984 was refused. 2. The appellant is the brother of the respondent who is accused of murdering their father in December, 1979. The respondent having remained absconder for some 22 months, surrendered on 21-10-1981. His repeated applications before the trial Court for bail having been rejected, he applied to the High Court, in the result of which he was granted bail on 14-2-1984. The main consideration for the grant of bail was clause (b) to the third proviso to section 497(1), Cr.P.C. The appellant sought recall of the order, urging that the respondent was guilty of suppression of material facts including rejection of his bail application by the trial Court only three days earlier, i.e. on 11-2-1984, and of delaying the trial. But his application was refused by the impugned order. The appellant's plea that the respondent was responsible for delaying the trial was rejected upon a finding that he had sought only two adjournments during the period of more than two years. This finding was disputed at the time of grant of leave and it was urged that the delay had taken place either on account of the respondent or of one of his co-accused. It was urged that even after…

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