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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: AHSAN ALI VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Azizullah M. Memon Title: AHSAN ALI vs THE STATE Case No.: Criminal Bail Application No, 193 of 2006 Date of Judgment:2006-06-21 Reported As: 2006 YLR 2351 Result: Bail confirmed
Judgment ORDER ' AZIZULLAH M. MEMON, J.---Heard learned counsel appearing for the parties. ' Learned counsel for the applicant Ahsan Ali has placed on record a certified copy of judgment, dated 23-9-2005 passed by IV-Civil Judge and Judicial Magistrate, Shikarpur in criminal case No,184/2004 pertaining to the crime No,194/2004 of Police Station, New Fojdari, Shikarpur. (viz. For which offence the present bail application is moved); the narration of the facts and findings recorded by the said trial Court mentions that the witnesses examined by the prosecution in the said criminal case deposed that the culprits, who committed theft of the paddy, had their faces muffled and were not identified by them; they, even did not name any culprit for having committed the alleged incident/offence. ' The trial Court rejected the bail application of the present applicant/accused for the reason that despite issurance of proclamation under sections 87 and 88, Cr.P.C. He preferred to remain absconder and, therefore, was not entitled to the grant of bail. ' It is a settled principle of law that absconder/fugitive from the process of law loses some rights including the grant of bail, which otherwise are admissible to him, but it is also a settled principle of law that where an accused is found entitled to the grant of bail, irrespective of his abscondence or otherwise, and the same having not put the prosecution to any adverse circumstances due to his abscondency such an accused is entitled to the grant of bail. ' Looking at the fact that the trial against co-accused Shahzado and Mouj Ali proceeded wherein complainant and witnesses did not name any particular person for having committed the alleged offence of this case, interim bail already granted to the applicant is hereby confirmed on the same terms and conditions.