IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Appeal No. S- 107 of 2018

Appellant:                             Waheed Khoso, through Mr. Amanullah        Luhur Baloch, Advocate.

Respondent:                        The State, through Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

Date of hearing:                03.09.2020.

Date of the decision:         03.09.2020.

O R D E R

Irshad Ali Shah-J; Facts in brief leading to passing of instant order are that the appellant for an offence punishable under section 25 of Sindh Arms Act, for being in possession of 30 bore pistol with magazine containing four live bullets of same bore, was convicted and sentenced to undergo R.I imprisonment for five years and to pay fine of Rs.20,000/- and in case of default to suffer S.I for three months more, by learned 2^nd Additional Sessions Judge, Mehar, vide his judgment dated 19.11.2018, which was impugned by the appellant before this Court, it was admitted to regular hearing and in the meanwhile, the operation of the above said judgment was suspended and the appellant was ordered to be released on bail on making of an application under section 426 Cr.PC. Subsequently, the appellant after his release on bail preferred to go in absconsion. NBW issued against him has been returned un-served by SHO, B-Section Mehar with the endorsement that the appellant has shifted to some unknown place. On issuance of notice, the surety came forward and deposited the penal amount of rupees fifty thousand.

2.                    On query, what to be done with the appeal now? The learned D.P.G for the State was fair enough to state that the appeal is to be dismissed, on account of conduct of the appellant being fugitive. In support of his contention he relied upon case of Ikramullah and others v. The State (2015 SCMR 1002), wherein it has been held by the Hon’ble Apex Court that;                     

                        “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 above mentioned 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”.

3.        In view of above, the instant appeal is dismissed on account of conduct of the appellant being fugitive with clarification that, if he is re-captured by the authorities or he surrenders to custody, then he may apply for resurrection of his appeal before this Court, if so is advised to him.

                                                                                  J U D G E