Noticeable abscondence

Citation Name : 2019 MLD 1283 PESHAWAR-HIGH-COURT
Side Appellant : JAHAN DARAZ alias JAHAN GULLY
Side Opponent : KHAN BAHADAR
S. 497---Penal Code (XLV of 1860 ), S. 302---Qatl-i-amd---Bail, refusal of---Noticeable abscondence ---Effect---Allegation against the petitioner was that he committed murder of the brother of complainant and absconded for almost twenty years---Record revealed that the petitioner had specifically been nominated in a promptly lodged FIR for committing murder of the deceased ruling out the possibility of contemplation, deliberation and consultation---Besides complainant, the occurrence was also witnessed by paternal cousin of complainant---Petitioner, after commission of offence, remained absconder for a period of about twenty years---Medico Legal Report supported the contention of the complainant---Petitioner was not charged for causing fire arm injury to the minor in FIR, but subsequently it was disclosed that the said minor also sustained injuries at the hands of the petitioner, and his presence had been shown at specific point in the site-plan---Petitioner was arrested after twenty years of the occurrence---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---Trial, in the present case , had already commenced and charge had been framed against the accused---Bail is not allowed in such a case---In view of specific charge supported by the eye-witnesses coupled with noticeable abscondence provided reasonable grounds to believe that the petitioner was guilty of offence charged with, which fell within the prohibition contained in S. 497, Cr.P.C, therefore, he was not entitled to the concession of bail---Bail was refused to the petitioner, in circumstances.

Citation Name : 2019 YLRN 76 PESHAWAR-HIGH-COURT
Side Appellant : IRFAN ULLAH
Side Opponent : State
S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 109, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly ---Bail, refusal of---abscondence ---Effect---Plea of alibi---Scope---Petitioner contended that he was not present at the place of occurrence and co-accused had already been granted bail---Validity---Record revealed that petitioner was one of the nominated accused persons who had specifically been charged for committing murder of brother of the complainant---Complainant herself sustained bullet injury on her thigh---Medico-Legal Report showed that the deceased had sustained multiple injuries on his body---Parties were known to each other, therefore, there was no chance of mis-identification---Motive as alleged in the FIR was previous blood-feud enmity between the parties---Role attributed to the co-accused, who had been granted bail, was distinguishable as he had been attributed role of abetment while role of firing at the complainant party had been attributed to the petitioner---Plea of alibi was not taken by the petitioner at the earliest---No doubt plea of alibi, like other defence plea taken at bail stage, was essentially required to be examined by the Court within a degree of care and caution but belated plea of alibi, prima facie, created an impression that the same was an afterthought, and its evidentiary value would be decided by the Trial Court after recording pro and contra evidence---In view of specific charge supported by the eye-witnesses, medical evidence and un-explained noticeable abscondence sufficiently provided reasonable grounds to believe that the petitioner was guilty of an offence charged with, which fell within prohibitory clause of S. 497, Cr.P.C.--- After completion of investigation challan had been submitted and trial was likely to commence soon---When trial was likely to commence or had begun, bail application was not to be decided on merits and the matter be left to the Trial Court so as not to prejudice case of either side---Bail was refused to the petitioner, in circumstances.