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Absconding

Absconding legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

1965 PLD 656 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
S. 8, illus. (i)Absconding-Accused remaining a fugitive after commission of murder

Significant factor in proof of crime.

1964 PLD 67 PESHAWAR-HIGH-COURT Judicial Precedent

Absconding Mere absconding of accused- Conviction cannot be based on.

1964 PLD 1 PESHAWAR-HIGH-COURT Judicial Precedent
Absconding Abscondence of accused after occurrenceNot sufficient by itself to prove accused guilty

Penal Code (XLV of 1860), S. 302.

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Precedents & Case Laws citing "Absconding"

MLD 1986
Criminal Bail Application No. .752 of 1986, decided on 23rd September, 1986.

1986 M L D 2774

GHULAM HAIDER alias HAIDRO and another‑‑Petitioners Versus THE STATE‑‑Respondent

Court: Karachi
YLR 2003
Criminal Bail Application No.D-713 of 2002, decided on 23rd January, 2003.

2003 Y L R 1915

ABDUL WAHAB — Applicant Versus THE STATE — Respondent

Court: Karachi
PCRLJ 2005
the evidence recorded in his presence---When evidence recorded in absence of an accused could not be used for his conviction, same could also not be used for the benefit of that accused---Abscondence of accused could be either deliberate or due to lack of knowledge about the registration of the case or could be due to the fear of Investigating Agency or for any other just cause---Concession of bail could be refused to an absconder when Court arrived at the conclusion on tentative assessment from available record, that abscondence was wilful and noticeable---Accused could be allowed bail on making tentative assessment of prosecution evidence and ignoring factum of abscondence for certain reasons---Practice of accused to abscond to wait for the result of co-accused s trial and surrendered only when under trial co-accused earned acquittal, was highly deplorable---Such accused should not be allowed concession of bail which would amount to put premium on the mockery on law---Allowing concession of bail to a wilful absconder would create a sense of insecurity among people and cause disturbance in the society---No outlaw deserved concessionary relief which could be extended to those who surrendered before law---No universal rule existed to the effect that either a fugitive from law should be enlarged on bail or he should be refused bail in all circumstances---If an absconder was found not reasonably connected with commission of offence he could be extended concession of bail irrespective of his abscondence or acquittal of co-accused, but if prima facie an absconding accused was found reasonably connected with the offence for capital sentence, abscondence could be taken into account as additional ground for refusal of bail---Accused, in the present case, did not refer at all to case of prosecution except grant of acquittal of co-accused which was of no use for accused---Accused was not entitled for grant of bail, in circumstances

2005 P Cr

BASHIR KHAN — Petitioner Versus THE STATE through Advocate-General N.-W.F.P. and another — Respondents

Court: Peshawar
PCRLJ 1995
Criminal Bail Application No.767 of 1994, decided on 13th October, 1994.

1995 P Cr

MUHAMMAD IMRANULLAH KHAN‑‑‑Appellant Versus THE STATE‑‑‑Respondent

Court: Karachi
PCRLJ 1986
Criminal Bail Application Nos. 543 and 1599 of 1985, decided on 2nd February, 1986.

1986 P Cr

URIS‑‑Applicant Versus THE STATE Respondent

Court: Karachi
SCMR 1999
Criminal Appeal No.218 of 1995, decided on 19th October, 1998.

1999SCMR304

GUL KHAN — Appellant Versus THE STATE — Respondent'

Court: Supreme Court of Pakistan
PLD 2001
9th January 2001

P L D 2001 Karachi 211

ARSHAD HUSSAIN — Petitioner Versus THE STATE — Respondent

Court: High Court
PLD 1985
Criminal Appeal No. 15-P of 1984, decided on 28th November, 1984.

P L D 1985 Supreme Court 402

AWAL GUL-Appellant Versus ZAWAR KHAN AND OTHERS-Respondents

Court: Art. 185 (3)-Criminal Procedure Code (V of 1898), Ss. 497 & 498-Leave to appeal granted to examine question of abscondence of accused and effect on their right to seek concession of bail.Abscondence.
PCRLJ 1989
Criminal Bail Application No. 837 of 1988, decided on 20th October, 1988.

1989 P Cr

IBRAHIM‑‑Applicant Versus THE STATE‑‑Respondent

Court: Lahore
PLD 1996
Special Criminal Bail Application No. 16 of 1994, decided on 5th March, 1996.

P L D 1996 Karachi 372

ABDUL RAUF‑‑‑Applicant Versus THE STATE ‑‑‑ Respondent

Court: S. 497 ‑‑‑ Customs Act (IV of 1969), S.156(l)(8) ‑‑‑ Bail ‑‑‑ Abscondence of accused ‑‑‑ Principle of refusing bail to the absconder is not applicable strictly in each and every case ‑‑‑ Bail may not be refused to an accused on the point of abscondence if he has no knowledge about the case pending against him in any Court ‑‑‑ Similarly if the case of an accused falls within the ambit of further inquiry then bail becomes his right notwithstanding his abscondence.‑ Abscondence.

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