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

Sélectionner le paragraphe cible3

Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières