مفروری ضمانت کی راہ میں رکاوٹ نہ ھے۔ اگر ملزم میرٹ پر ضمانت کا حقدار ہو تو محض اسکے مفرور/اشتہاری ھونے کی وجہ سے اسکی ضمانت خارج نہ کی جائے گی

 2022 SCMR 547

497---Bail---Abscondment of accused---Effect---Mere absconsion cannot be a ground to discard the relief sought for as it is established principle of law that disappearance of a person after the occurrence is natural if he is involved in a murder case, rightly or wrongly---Mere absconsion is not a proof of guilt, hence, cannot be made sole ground to discard the relief sought for.
2021 SCMR 1295
497(2)---Bail---absconsion of accused---Effect---Accused could be granted bail if his case was otherwise made out on merits and his mere absconsion would not come in the way of his bail---Effect of absconsion depended on the facts of each case and bail could be granted if an accused had a good case for bail on merits---Mere absconsion would not deprive him of bail, if otherwise his case was one of "further inquiry" as envisaged under S. 497(2), Cr.P.C.
2021 SCMR 2017
Bail---Abscondment---Though absconsion by itself was not proof of guilt nor insurmountably stood in impediment to release of an offender if otherwise a case for grant of bail was made out, nonetheless, it was a circumstance which could not be invariably ignored without having regard to peculiarity of circumstances in each case as there were situations that possibly entailed consequences.
2020 SCMR 956
S. 497---Bail--- Abscondment of accused--- absconsion per se could not be made basis for refusal of bail in the absence of any overt act which had contributed towards commission of the offence.

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