Law:

Section:

(i) Administration of Justice-- ----Procedural technicalities--Applicability--Held: Procedural technicalities should not be stretched to extent which may cause miscarriage of justice. [P. 112] A (ii) Administration of Justice-- ----Procedural Laws--Scope--Held: Procedural Laws are meant for advancing cause of justice and hyper technicalities should not be acted upon in a manner which may thwart the dispensation of justice. [P. 112] B (iii) Criminal Procedure Code, 1898 (V of 1898)-- ----S. 28--Trial of offences--Jurisdiction of High Court--Held: High Court has the jurisdiction to try any case which is in the competence of subordinate Courts, if circumstances so require. [P. 112] C (iv) Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Grant of bail--Effect of abscondance--Held: Abscondance is of two categories--One in which absconder destroys the prosecution case/evidence and the other one is in which there is no such effect but the accused on account of certain circumstances or to save himself from harrasment, resorts to abscondance--In first category, the abscondance shall always adversely effect the grant of bail which in the second category the case is to be considered in light of facts and circumstances prevailing therein. [Pp. 115 & 116] D (v) Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Grant of bail--Effect of abscondance--Held: Rule of refusal of bail on account of abscondance is not a rule of law but a rule of prudence, discipline and propriety--It is not absolute but only relative--The grant or refusal of bail is to be considered in light of facts and circumstances in each case depending on merits. [P. 116] E (vi) Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Pakistan Penal Code (XLV of 1860), S. 430--Grant of bail--In span of four months three FIRs were lodged against applicant on a similar set of facts--He had apprehension of lodging further FIRs, so he absconded and went underground--His pre-arrest bail was accepted on merits by Sessions Judge--Application for cancellation of bail was also dismissed--Accused who has remained in jail for 5 months--Bail allowed. 2003 YLR 1915; 1998 SCMR 190; 1978 SCMR 287; 1979 SCMR…

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