Accused was arrested during pendency of pre-arrest bail, in some other case and he was not present before the court

Citation Name : 2018 MLD 882 PESHAWAR-HIGH-COURT
Side Appellant : KHAN MUNIR
Side Opponent : State
S. 512---Qanun-e-Shahadat (10 of 1984), Art. 46---Recording of evidence in ABSENCE OF ACCUSED ---Using evidence earlier recorded in absentia, against absconding accused on his arrest---Scope---Under Art. 46 of the Qanun-e-Shahadat, 1984, statement of a person recorded under S. 512, Cr.P.C. could be transferred to the case subsequently, if he had become incapable to give evidence---In order to give relevance to such statement, it must be proved through reliable evidence that the person was dead, infirm or was incapable to testify---If the said conditions were not fulfilled, the statement recorded under S. 512, Cr.P.C. of a person could not be given any credence for its having remained un-crossed.

Citation Name : 2018 YLR 323 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MUHAMMAD SHAFIQUE
Side Opponent : State
S. 498---Penal Code (XLV of 1860), Ss. 420, 468 & 471---Cheating and forgery---Pre-arrest bail, confirmation of---ABSENCE OF ACCUSED ---Effect---Accused was arrested during pendency of pre-arrest bail, in some other case and he was not present before the court---Plea raised by complainant was that due to arrest of accused petition had become infructuous---Validity---Withholding of concession of pre-arrest bail particularly when ABSENCE OF ACCUSED at time of confirmation of his ad-interim bail was not willful and he was represented through counsel, same would not serve ends of justice---Complainant, during investigation, could not produce evidence to prove his claim of advancing huge amount of Rs. 1,81,00,000/- to accused and despite lapse of three years he did not approach civil court for recovery of the amount---Proposed arrest of accused was motivated by illwill and mala fide of complainant and local police---Pre-arrest bail was confirmed in circumstances.