Case Law (Only tentative assessment of evidence is to be made at bail stage and deeper appreciation of evidence is neither required nor warranted by law.)

 اگر کسی شخص کے اوپر ایف آئی آر ہو مگر اسے ایف آئی آر کا علم نہ ہو تو ایسے شخص کو اشتہاری قرار نہیں دیا جاسکتا۔

2008 PCRLJ917

(a) Criminal Procedure Code (V of 1898)---

----S. 497---Penal Code (XLV of 1860), Ss.324/334/364/337/336/ 147/148/149/452/109---West Pakistan Arms Ordinance (XX of 1965), S.13---Bail---Assessment of evidence---Principles---Only tentative assessment of evidence is to be made at bail stage and deeper appreciation of evidence is neither required nor warranted by law.

(b) Criminal Procedure Code (V of 1898)---

----S. 497(2)---Penal Code (XLV of 1860), Ss.324/334/364/337/336/ 147/148/149/452/109---West Pakistan Arms Ordinance (XX of 1965), S.13---Bail, grant of---Complainant had himself stated that the accused had fired on the lower part of his leg---Mere fact that the bone was fractured or some nerves were ruptured or damaged in that process, did not mean that the accused had the intention to kill the complainant or that he had the knowledge that he by that act would be guilty of murder---In order to gather such intention or knowledge, the seat of injuries would be of great importance---Injury appeared to be on non-vital part of the body of the complainant---Accused had not repeated the injury despite the complainant being at his mercy---Application of S.324, P.P.C., thus, would be determined by Trial Court after recording evidence---Amputation of leg of the complainant, at this stage, could not be said to be the direct result of the act of the accused, as defective surgery or negligence of complainant himself, might have contributed to the same---Matter, therefore, fell within the ambit of further inquiry as envisaged by S.497(2), Cr.P.C.---Mere statement of Police Officer regarding non-availability of accused could not be made basis of his abscondence, unless the summons or warrants were properly served upon him---Process of Ss.87 & 88, Cr.P.C. had not been properly followed---Despite numerous opportunities having been given, prosecution did not produce the witnesses on one pretext or the other and appeared to prolong the case, resulting in delay amounting to abuse of the process of law---Accused was detained in jail for one and a half years and the trial was not likely to be concluded for further several months at least---Bail could not be withheld as a punishment---Accused was admitted to bail in circumstances.

PLD 1988 (sic) 148; 2004 PCr.LJ 148; 2005 SCR 302; 2005 SCR 109; 2007 SCR 79; PLD (?) 1982 and PLD 1996 Kar. 372 ref.

(c) Criminal Procedure Code (V of 1898)---

----S. 512---Recording of evidence in absence of accused---Abscondence of accused---Term "abscond" is not to be understood as implying necessarily that a person leaves his place---If a person having concealed himself before process is issued continues to do so after it is issued, he absconds---Where, however, the accused had admittedly gone out of country and so the service of the summons in person was not possible on him, in such case, Court could not have lawfully proceeded against him under S.512, Cr.P.C., because the accused was neither absconding nor concealing himself to avoid service.

PLD (sic) 1982 and PLD 1996 Kar. 372 ref.

(d) Criminal Procedure Code (V of 1898)---

----S. 497---Penal Code (XLV of 1860), Ss.324/344---Bail---Abscondence of accused---Principles---Principles of refusing bail to the absconder is not applicable strictly to each case---Bail may not be refused on the point of abscondence, if the accused had no knowledge about the case pending against him in any court, similarly if the case of accused falls within the ambit of further inquiry, then bail becomes his right notwithstanding his abscondence.

PLD 1996 Kar. 372 ref.

Abdul Waheed Durrani for Petitioner.

Raja Inamullah Khan for the Complainant.

Raja Gul Majeed Khan, A.-G. for the State.

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