RAHEEM ULLAH KHAN vs State S — 2023 YLR 1246 ISLAMABAD

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RAHEEM ULLAH KHAN VS State S. 497--- Bail--- Absconsion of accused---Scope---In relation to bail, the question of absconsion is a relevant consideration in grant of bail, but refusal of bail to an absconder is not an absolute rule, once he surrenders to the law---Where an absconder is seeking protective bail to be able to surrender before the competent court and provides a reasonable explanation for his abscondence, the court may in its discretion grant transitory bail to uphold the person's right to access to justice. Citation Name: 2023 YLR 1246 ISLAMABADBookmark this Case RAHEEM ULLAH KHAN VS State Fugitive disentitlement---absconsion of accused---Refusal of courts to hear appeals filed by obsconders---Superior courts have recognized the doctrine of fugitive disentitlement to the extent of criminal appeals or related criminal matters---Superior courts have refused to hear appeals filed by absconders in criminal matters on the basis of equitable principles, such as; (i) Courts will not act in aid of injustice; (ii) Courts will not allow abuse of process of Court; (iii) Essential condition of administration of justice that persons concerned should submit to the due process of justice (absconders violate this basic principle of administration of justice); (iv) No one can be allowed to take advantage of their own wrong; (v) allowing an absconder relief would amount to placing premium on absconsion and will amount to stultification of the authority of the Court by an unlawful act, which obviously cannot be the intention of the law; (vi) absconsion involves contempt of the process and authority of the Court; (vii) Power of attorney or petition executed by a fugitive of law is not well constituted and therefore not entertainable; (viii) absconder loses right to audience before a Court.

RAHEEM ULLAH KHAN vs State S — 2023 YLR 1246 ISLAMABAD

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