8
Crl. App. No.01-2019
Zeeshan Hussain Kazmi Vs. The State and 3-others’ (2000 P.Cr.LJ
645), it was observed that where accused is fugitive from law, he
loses his normal rights granted by the procedural or substantive
law and the inherent jurisdiction vested in the Court under section
561-A Cr.P.C. could not exercised in favour of an absconder.
14.
In view of above case law and especially relying upon case
reported as ‘Hayat Bakhsh and others Vs. The State’ (PLD 1981
Supreme Court 265), which still is the leading judgment on the issue
of absconder or fugitive from law and is a judgment of 5-Members
Bench of Hon’ble Supreme Court of Pakistan, we believe that yet
another opportunity is to be granted to the appellant to appear
before the Court. The appellant is not entitled to invoke inherent
jurisdiction and request recalling of order dated 01.09.2020 on the
basis of his indisposition when especially on the repeated queries on
01.09.2020 and 10.09.2020, learned counsel for the appellant
contended that appellant is not hospitalized. The appellant’s
suspension of sentence ended on 27.02.2020 and he did not
challenge said order passed by Government of Punjab nor did he
approach this Court for further extension in suspension of sentence;
the appellant remained silent for almost six months till such time
that instant appeals were fixed. The conduct of the appellant, in the
facts and circumstances, does not warrant any exercise of discretion
in his favour.
15.
The fact that proceedings governing the appellant exit from
Pakistan pending before Hon’ble Lahore High Court, Lahore has no
bearing on the instant proceedings.
16.
For what has been stated above, the applications filed by the
appellant are misconceived. In so far as request of appellant for
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