Cr. Appeal No.S-12 of 2013

For Regular Hearing

17.07.2017

None present for the appellant.

Mr. Zulfiqar Ali Jatoi, Additional Prosecutor General.

J U D G M E N T

Naimatullah Phulpoto, J. Appellant Abdul Hakeem Channa was tried along with 2 others by learned Special Judge Anti-Corruption (Provincial), Sukkur for offence under Section 409, 34 PPC read with Section 5(2) of Act-II of 1947, crime No.26/1998 of PS ACE, Khairpur, by judgment dated 08.02.2013. Appellant Abdul Hakeem was convicted under Section 409 PPC read with Section 5(2) of Act-II of 1947 and sentenced to three years R.I and to pay fine of Rs.17,95,000/-, in case of default in payment of fine, he was ordered to suffer S.I for six months more. Appellant was extended benefit of section 382-B Cr.P.C. Co-accused Haji Abdul Ghaffar was acquitted of the charge. Accused Muharram Ali expired and proceedings were abated against him.

2. Appellant Abdul Hakeem filed appeal against his conviction and sentence, which was admitted for Regular Hearing. On 25.02.2013 the sentence of the appellant was suspended vide order dated 11.04.2013. After suspension of the sentence, appellant absconded away. NBW was issued against him, to be executed by the Circle Officer, Anti-Corruption Establishment, Khairpur. It is returned unexecuted by ASI Anti-Corruption Establishment, Khairpur in which it is mentioned that appellant has absconded away and three FIRs have been registered against him. One FIR bearing crime No.121/2016 under Section 420, 489-F PPC at PS A-Section, Sukkur, 2^nd FIR No.60/2017 420, 489-F, 506/2 PPC at PS A-Section, Sukkur and 3^rd FIR bearing crime No.38/2017 under Section 420, 489-F, 506/2, 34 PPC at PS B-Section, Sukkur. Notice was also issued to the surety. It is returned served. Surety also appeared and requested for time to reply.

3. Mr. Zulfiqar Ali Jatoi, learned Additional Prosecutor General argued that appellant after suspension of sentence has become a fugitive from law and prayed for dismissal of appeal on account of abovementioned conduct of the appellant. In support of his submissions, relied upon the case of Ikramullah and others v. The State (2015 SCMR 1002), in which Hon'ble Supreme Court has held as follows:

“Criminal Appeal No.354 of 2012

9. A report dated 11.12.2014 has been received from the Superintendent, Central Prison, Bannu informing that Adil Nawab appellant had escaped from the said jail during the night between 14/15.04.2012 and he has become a fugitive from law ever since. The law is settled by now that a fugitive from law loses his right of audience before a court. This appeal is, therefore, dismissed on account of the abovementioned conduct of the appellant with a clarification that if the appellant is recaptured by the authorities or he surrenders to custody then he may apply before this Court seeking resurrection of this appeal”.

4. As already observed, NBW was issued against the appellant for execution, which is returned unexecuted by ASI, Anti-Corruption Establishment, Khairpur, with the endorsement that appellant, after suspension of the sentence, has become fugitive from law. As three FIRs have been registered against him at Police Stations “A” and “B” Sections, Sukkur, I agree with learned Addl. PG that appellant has become fugitive from law after suspension of sentence and is concealing himself at some unknown place. The law is settled by now that a fugitive from law loses his right of audience from the Court as held in case of Ikramullah (supra). This appeal is, therefore, dismissed on account of abovementioned conduct of the appellant with a clarification that if the appellant is recaptured by the authorities or he surrenders to custody then he may apply before this Court seeking resurrection of this appeal.

5. Before parting with this order, it is observed that action against surety shall be continued. Time is allowed to the surety for furnishing the reply.

Adjourned to a date in office.

JUDGE

N.M.