It is settled law that absconsion cannot be viewed as a proof for the offence.

 2023 SCMR 1898

This is established principle of law that mere the fact that a person is nominated in the crime report does not dub him as an accused unless and until during the course of investigation the accusation against the said person is found to be correct.

It is settled law that absconsion cannot be viewed as a proof for the offence. In Rasool Muhammad Vs. Asal Muhammad (PLJ 1995 SC 477) this Court has held that mere absconsion cannot be made a ground to discard the relief sought for as disappearance of a person after the occurrence is but natural if he is involved in a murder case rightly or wrongly.

It is an admitted position that the petitioner himself surrendered before the law and joined investigation. In these circumstances, it is the Trial Court, who after recording of evidence would decide about the guilt or otherwise of the petitioner and till then the petitioner cannot be put behind the bars for an indefinite period. This court has time and again held that liberty of a person is a precious right, which cannot be taken away merely on the basis of bald allegations.

It is now established that while granting pre-arrest bail, the merits of the case can be touched upon by the Court.