Corroborative evidence

Citation Name : 2019 PCrLJN 117 PESHAWAR-HIGH-COURT
Side Appellant : SAFAIDULLAH SHAH
Side Opponent : State
S. 497---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Bail, refusal of---abscondence ---Effect---Allegation against the petitioners (two in number) was that they made firing at complainant and the deceased (brother of the complainant)---Petitioners contended that charring marks on the body of the deceased were present despite the fact that distance between accused and deceased was shown as four paces---Petitioners were arrested after more than seven years of the occurrence, as they remained absconders and were declared as proclaimed offenders---Fugitive from law lost some of the normal rights granted by the procedural and substantive law and noticeable abscondence disentitled the absconder to the concession of bail, notwithstanding the merits of the case---Contention of the petitioners regarding presence of charring marks on the body of the deceased despite the distance between accused and deceased was shown as four paces essentially touched the merits of the case---Deeper appreciation or evaluation of material at bail stage was not permissible for the grant or refusal of bail and only tentative assessment was to be made---Challan had been submitted and the trial had commenced---In such situation, when the trial was likely to commence or had begun, bail application should not be decided on merits and the matter be left to the Trial Court, so the same could not prejudice case of either side---In view of specific charge supported by the eye-witnesses, medical evidence and unexplained noticeable abscondence sufficiently provided reasonable grounds to believe that the petitioners were guilty of an offence charged with, which fell within the prohibitory clause of S. 497, Cr.P.C.---Bail was refused to the petitioners, in circumstances.

Citation Name : 2019 PCrLJN 100 PESHAWAR-HIGH-COURT
Side Appellant : MUHAMMAD AZEEM
Side Opponent : State
abscondence ---Effect---abscondence could not remedy the defects in the prosecution case as it was not indicative of guilt---People abscond out of fear to be killed in retaliation or to avoid police torture and duress.

Citation Name : 2019 PCrLJN 63 PESHAWAR-HIGH-COURT
Side Appellant : AFZAL KHALIQ
Side Opponent : NATIONAL ACCOUNTABILITY BUREAU
S. 9(a)(ix) & (b)---Constitution of Pakistan, Art. 199---Constitutional petition---Bail, refusal of---Cheating members of public at large---Confession of accused---Petitioner was arrested by NAB authorities for cheating members of public-at-large and depriving 3540 affectees worth Rs. 12.59 billion---Validity---Prima facie case against petitioner existed---Petitioner remained at large for sufficiently long time and was declared Proclaimed Offender in two criminal cases registered against him in the year 2013---Genuine apprehension existed about abscondence of petitioner again once released on bail, as there was reference of billions of Rupees against him---Bail was declined---High Court, directed Trial Court to conclude trial expeditiously as petitioner could not be detained for indefinite period---Constitutional petition was dismissed in circumstances.

Citation Name : 2019 PCrLJ 1743 LAHORE-HIGH-COURT-LAHORE
Side Appellant : SHAH BEHRAM
Side Opponent : State
Absconsion of accused--- Corroborative evidence--- Scope---abscondence is only a corroborative piece of evidence and never considered in isolation.