Law:

Section:

(a) Criminal Procedure Code (V of 1898) S. 497(2) Penal Code (XLV of 1860), S.324/337-ADF/449/452/504/427/506/489/511/147/148/109/34 Bail Presentation of the complaint to the Political Agent and incorporating the same in the F.I.R., delayed statements of witnesses, submission of challan after about 1 1/2 years and commencement of the trial after about one year and ten months needed further probe Ascertainment of the commission of any scheduled offence was yet to ‘be made Mere accusation of non bailable offence was not sufficient to disentitle the accused to bail and suspicion, howsoever, strong, could not take the place of reasonable ground for believing the accused guilty or non guilty Abscondence alone also did not come in the way of accused for grant of bail particularly when proceedings regarding their abscondence had not been taken as required under the law Case against accused, under the circumstances, had come within the ambit of further inquiry Accused were allowed bail accordingly. (b) Criminal Procedure Code (V of 1898) S. 497 Bail Abscondence of accused Effect Bail cannot be refused to an accused due to his abscondence if he has no knowledge about the case pending against him in any Court Where the case of accused falls within the ambit of further inquiry or otherwise he is entitled to bail on merits, bail becomes his right despite his abscondence Abscondence also does not disentitle accused to bail if the Investigating Agency purposely does not arrest him Failure of Investigating Agency to perform its duty cannot be used against the accused. THIS JUDGMENT DELIVERED BY: FAZAL UR REHMAN, J:---.--- This application has been moved on behalf of above named accused/applicants who are detained in Crime No.5 of 1998 Levies Thana, Zhob under sections 324, 337 ADF, 449, 452, 504, 427, 506, 489, 511, 427, 147, 148, 109 and 34, P.P.C. lodged on 22 2 1998 at about 10 00 a.m. on the basis of a complaint which had been presented to the Political Agent, Zhob by the complainant Muhammad Yousaf. 2. The occurrence is stated to have taken place on 21 2 1998 at about 2 30 p.m. the complainant Muhammad Yousaf presented an application/complaint to the Political Agent,…

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