5
Crl. App. No.01-2019
for a period of eight weeks. It was observed that in case
indisposition of the appellant continues, he may apply for extension
in suspension of sentence before Government of Punjab under
section 401 (2) Cr.P.C. The appellant applied to the Government of
Punjab for extension in suspension of sentence but on 27.02.2020,
the Government of Punjab did not extend the suspension of sentence
of the appellant and as such, suspension and bail of the appellant
lapsed. Meanwhile on the application of the appellant, Federal
Government removed his name from Exit Control List subject to
certain conditions. The said conditions were challenged before
Hon’ble Lahore High Court, Lahore and same were modified and the
matter is still pending there. The appellant proceeded to United
Kingdom in November, 2019.
9.
Admittedly, suspension of sentence of appellant and bail
granted by this Court lapsed and even Government of Punjab
refused to extend suspension of his sentence and since 27.02.2020,
the appellant is not on bail.
10.
The thrust of the arguments by learned counsel for the
appellant was that under section 423 Cr.P.C. the appellant can still
be heard and his appeal decided on merits. We defer the matter
regarding decision of appeal on merits for the time being, as we feel
that at this juncture, it is of paramount importance that since
appellant is not before the Court, as he ought to have been after
lapse of bail, to procure his attendance. In this regard, vide order
dated 01.09.2020, this Court had ordered the appellant to appear
before the Court and surrender to the authorities before the next
date of hearing which he did not do so and filed Crl.Misc.No.2292020. Earlier, the appellant filed Crl.Misc.No.213-2020, on which,
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