Where the evidence was not sufficient to record conviction, mere abscondence of the accused could not be taken into consideration for the purpose

Citation Name : 2018 MLD 1065 PESHAWAR-HIGH-COURT
Side Appellant : ARAB SHAH
Side Opponent : State
Ss. 302, 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---abscondence of accused---Effect---abscondence of accused alone could not lead to his conviction unless corroborated by other incriminating evidence against him.

Citation Name : 2018 MLD 854 PESHAWAR-HIGH-COURT
Side Appellant : TARIQ ZAMAN
Side Opponent : MUHAMMAD SHAFI KHAN
Absconsion---Corroborative evidence---Scope---High Court observed that people abscond not because they were guilty, but because of fear and torture of the police---Absconsion was not a substantive piece of evidence, but was a corroborative evidence---abscondence could neither cure the inherent defect of the ocular account nor by itself was sufficient to sustain conviction.

Citation Name : 2018 MLD 768 PESHAWAR-HIGH-COURT
Side Appellant : MUHAMMAD JAMIL
Side Opponent : ZAHIDULLAH alias ZOHAIB
S. 497---Bail---abscondence ---Effect---Mere abscondence or commencement of trial was no ground to refuse bail to the accused.

Citation Name : 2018 MLD 125 PESHAWAR-HIGH-COURT
Side Appellant : NAWAS KHAN
Side Opponent : State
S. 497---Penal Code (XLV of 1860), Ss. 302, 324 & 34---Qatl-i-amd, attempt to qatl-i-amd and abetment---Bail, grant of---Abscondance---Acquittal of co-accused---Effect---Accused remained absconder and was arrested after co-accused was acquitted by Trial Court---Validity---Case of accused was identical to the case of co-accused, who had been acquitted on similar charge and his abscondence could not be treated as a bar to his release on bail---High Court declined to reject the plea of accused of bail at the threshold on the sole ground of abscondence ---Fugitive from law was no ground to decline bail, if case of accused was otherwise found fit for bail on merits---Bail could not be refused even if accused had remained absconder because abscondance by itself was not a pointer towards guilt of an accused---Bail was allowed in circumstances.

Citation Name : 2018 YLRN 249 PESHAWAR-HIGH-COURT
Side Appellant : ROOH NIAZ
Side Opponent : LAL ZAIB KHAN
S. 497---Penal Code (XLV of 1860), Ss. 302, 324, 427 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, mischief, common intention---Bail, refusal of---Plea of alibi---Scope--- Unexplained noticeable absconsion--- Effect--- Accused-petitioner and co-accused allegedly had made firing on the brother of the complainant resulting in his death and caused injuries to minor girl passing by on road---Petitioner/taxi driver by profession , after almost one year of occurrence, submitted affidavits of the passengers and claimed that he was present with them in other city at the time of occurrence ---Police declared the petitioner innocent on the basis of said affidavits---Petitioner contended that charring marks were present on the body of the deceased despite the fact that distance between the accused and the deceased was seven feet---Validity---High Court was to examine plea of alibi, like other defense pleas, taken at bail stage within a degree of care and caution---Belated sworning in of affidavits in support of plea of alibi, prima facie, created an impression that it was an afterthought, however, the Trial Court would decide its evidentiary value after recording pro and contra evidence---Mere filing of affidavits would not make the case of petitioner one of further inquiry---Finding of the Investigating Officer declaring the petitioner innocent on the basis of said affidavits was not binding on the Court---Material available on record was to be sifted through in order to establish whether prima facie the petitioner was connected with the occurrence---Deeper appreciation of evidence, at bail stage, regarding charring wounds present on the body of the deceased was not permissible ---Petitioner remained absconder and was declared proclaimed offender---Fugitive from law lost some of his normal rights granted by procedural and substantive law and unexplained noticeable abscondence had disentitled the petitioner to the concession of bail---Challan, in the case, had been submitted and trial was likely to commence, so bail was not to be decided on merits and matter be left to the Trial Court---Bail was refused, in circumstances.

Citation Name : 2018 YLRN 192 PESHAWAR-HIGH-COURT
Side Appellant : SHEHRIYAR
Side Opponent : ZAIR ULLAH
abscondence --Corroborative evidence--Scope---abscondence , would not be a substitute for substantive evidence and could be used only as a corroborative piece of evidence.

Citation Name : 2018 YLRN 174 PESHAWAR-HIGH-COURT
Side Appellant : The STATE
Side Opponent : ANWAR-UL-HAQ alias ANWAR
abscondence of accused---Scope---abscondence could neither cure the inherent defect of the ocular account nor by itself was sufficient to sustain conviction.

Citation Name : 2018 YLRN 112 PESHAWAR-HIGH-COURT
Side Appellant : BASHEER
Side Opponent : ABID
Absconsion---Scope---Where the evidence was not sufficient to record conviction, mere abscondence of the accused could not be taken into consideration for the purpose.