Bail of Absconder Accused

Bail of Absconder Accused

Section 497, 498, 87, 88 Cr. P.C …. Bail refusal of—absconsion of accused could not be refused only on the ground of absconsion—it was yet to be decided while keeping in view the facts, circumstances and merits of the case—absconder, though would lose some normal rights of bail but over all circumstanes had to be seen wihile deciding bail matter— Police and Trial court was to take the steps mentioned in section 87, 88 Cr.P.C to procure the attendance of accused and complete proceedings— If accused would become fugitive from law, it was obligatory on the trail court o initiate the proceedings under section 87, 88 Cr.P.C unless said action was taken accused could not be declared an absconder— Bail of accused could not be refused merely on the ground of absconsion, particailly when the process provided in the criminal Procedure Code 1898 for absconder had not been completed..

2017 YLR Shariat Court AJ&K 2333