---S. 497---Bail---Absconsion---Scope---Fugitive from law loses some of normal rights granted by procedural and also substantive law---Unexplained notice-able absconsion disentitles a person to concession of bail notwithstanding merits of case.

 P L D 2022 Islamabad 13
Mian MUHAMMAD NAWAZ SHARIF
Versus
STATE through Chairman,National Accountability Bureau

(a) Criminal trial---

----Absconsion---Right of appeal---Scope---Where the petitioner, as a fugitive from justice, presented himself before an attorney and signs a power of attorney in his favour for the presentation to the Court a petition for special leave to appeal and the same is duly filed, in such an eventuality, the court would not act in aid of a person who is a fugitive from justice and the petition was to be dismissed.

(b) Criminal trial---

---Absconsion---Right of appeal---Scope---Nothing exists in the Constitution or the Rules to compel the Court to decide on merits an appeal filed by an accused person who has chosen to be fugitive from justice and while remaining so decides to disobey or frustrate the orders, directions and process of the Court from which he seeks justice.

(c) Criminal trial---

----Presence of accused---Scope---Essential condition of the administration of justice is that in a case affecting an individual or individuals, that the persons concerned should submit to the due process of justice.

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

----S. 497---Bail---Absconsion---Scope---Fugitive from law loses some of normal rights granted by procedural and also substantive law---Unexplained notice-able absconsion disentitles a person to concession of bail notwithstanding merits of case.

(e) Constitution of Pakistan---

----Art. 10-A---Right to fair trial---Scope---Article 10-A of the Constitution provides for the determination of civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process.