Fugitive from law and courts lost some of his normal rights granted by the procedure as well as substantive law-

Search within Results :
abscondence
Search
Control Your Search by Selecting Court and Book Name :

Search
Your Search for Topic () returned 1035 individual Titles.
Now Displaying : Page 3-104

Citation Name : 2019 PCrLJ 238 KARACHI-HIGH-COURT-SINDH
Side Appellant : BILAWAL
Side Opponent : State
abscondence --- Scope--- abscondence could at the most be a suspicious circumstance against the accused and nothing more.

Citation Name : 2019 MLD 1436 KARACHI-HIGH-COURT-SINDH
Side Appellant : FAISAL JAFFARI
Side Opponent : State
S. 497---Penal Code ( XLV of 1860 ), Ss. 302, 365, 109 &34---Qatl-i-amd, kidnapping or abducting with intent to secretly and wrongfully confine a person, abetment, common intention---Bail, refusal of---Statutory delay in conclusion of trial---Scope---Police encounter---Petitioner (Police Official ) was amongst ten accused persons, some of whom were in uniform and some in civilian clothes, who came in police mobile van and two private vehicles at night and took away the son of the complainant; the complainant was later told that his son had been killed in the police encounter---Complainant contended that in his presence, the petitioner caught hold of his son and made him sit in the mobile van---Petitioner contended that he was entitled for the concession of bail as present case was an old one yet the same had not been decided even after lapse of statutory period for the conclusion of the trial---Validity---Act of the petitioner, tentatively, fell within the ambit of "terrorism" and "extra judicial killing" and on said ground alone, the petitioner was not entitled to bail---Record revealed that out of twenty nine witnesses, eight material witnesses including complainant had been examined which showed that substantial progress had been made in trial by the Trial Court and the case was about to conclude---Record also revealed that the petitioner was apprehended after more than four years of lodging of the FIR---Petitioner was well aware of the charge against him, but he opted not to surrender before the Trial Court for a long period, which showed that the petitioner by his conduct thwarted the process of investigation as well as trial---Unexplained noticeable abscondence of an accused deprived him some of the normal rights granted to him by procedural as well as substantive law---Case diaries and progress report submitted by the Presiding Officer of the Trial Court, showed that the delay in conclusion of trial was on the part of petitioner as he consumed one year time to complete the cross-examination of the complainant---Progress report categorically stated that the petitioner had shown mistrust upon the Court and emphasized to refer for transfer of the case to any other Court, therefore, reference was made to the Registrar of the High Court,for transfer of the case---Sufficient efforts were made by the Trial Court to conclude the trial, but it was the petitioner who delayed the conclusion of trial and even approached revisional court for the transfer of his case---High Court directed Trial Court to decide the trial as early as possible in accordance with law since the present case was an old one---Bail was refused to the petitioner, in circumstances.

Citation Name : 2019 YLRN 65 KARACHI-HIGH-COURT-SINDH
Side Appellant : HABIBULLAH
Side Opponent : State
S. 498---Penal Code (XLV of 1860), Ss. 302, 324, 337-H(2), 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rash or negligent act to endanger human life or personal safety of others, rioting armed with deadly weapon, unlawful assembly---Ad-interim pre-arrest bail, recalling of---Common object---Scope---Unexplained abscondence ---Petitioners (two in number) contended that there was delay of twenty six hours in lodging FIR---Petitioners were nominated in the FIR---Specific role of firing at two persons/ injured had been attributed to petitioners; one injured sustained injury on his shoulder and the other on his head, who succumbed to the injury---Two other persons/injured suffered firearms injuries by the hands of three co-accused and died at the spot---Petitioners shared the common object---Both petitioners remained fugitive from law by going into hiding for seven years and they surrendered before the court when some of co-accused earned acquittal by way of compromise---Fugitive from law and courts lost some of his normal rights granted by the procedure as well as substantive law---Unexplained abscondence of accused disentitled him to the concession of bail, notwithstanding the merits of the case---Delay in lodging FIR did not make the complainant's case improbable when such delay was properly explained----Present case was of triple murder and the complainant had stated in the FIR that he informed the police on phone about the incident and appeared at police station for lodging FIR after performing funeral ceremony---Question of delay in lodging FIR was to be considered in the background of human factors involved such as the time required by the complainant to come out from anguish and grief---Prima facie sufficient evidence was available against petitioners to connect them with commission of alleged offence, carrying punishment of death or imprisonment for life---Petitioners had not been able to point out any special feature of the case entitling them grant of extra-ordinary concession of pre-arrest bail---Pre-requisites for such concession i.e. malice and ulterior motive, either on the part of complainant or the police, were conspicuously missing in the present case--- Ad-interim pre-arrest bail earlier granted to the petitioners was recalled, in circumstances.