This judgment will dispose of Criminal Appeal No.297 of 1993 directed against the judgment, dated 9-3-1993 passed by learned Additional Sessions Judge, Sheikhupura, whereby he convicted the appellants under section 302/307/34, P.P.C. And sentenced them as under:-- -- Both the appellants were sentenced to undergo for life imprisonment with a fine of Rs.5,000 or in default one year R.I. Further. They were also ordered to pay Rs.30,000 as compensation under section 544-A, Cr.P.C. To the legal heirs of the deceased or in default thereof six months S.I.
They were also sentenced under section 307, P.P.C. Read with section 34, P.P.C. To undergo four years R.I. And fine of Rs.1,000 or in default-two moths R.I. Further. They were also ordered to pay Rs.5,000 to the injured Akhtar P.W. Under section 544-A, Cr.P.C. Or in default 2 months S.I. Benefit of section 382-B, Cr.P.C. Was also granted to them.
2. The brief facts of the -instant case are that the appeal noted above was filed before this Court which was admitted for regular hearing They applied for suspension of sentence and the same was suspended on 23-4-1995. Thereafter, appeal had been coming up for hearing. At least 21 dates of hearing the appellants did not appear. Reports were called through police, non-bailable warrants were also issued, sureties were given notice and ultimately sureties had to pay the surety amount because they failed to produce the appellants before this. Court. A detailed report has also been received from the local police and Imtiaz Hussain A.S.I. Vide his report, dated 15-10-1999 has also placed on record the statements of Muhammad Aslam son of Muhammad Siddique, Shahid Mehmood son of Muhammad Aslam, Khalid Javaid son of Muhammad Bashir and Muhammad Farooq son of Muhammad Aslam who are residents of the same village to which the appellants belong, in this regard, that for the last 4/5 years appellants have left the country and presently they are residing in Behreen. This Court has also tried his level best to procure their attendance so the appeal could be heard but all the efforts of this Court and the police also have gone wasted. I had asked the learned counsel for the parties to assist me whether the appeal can be heard in the absence of the appellants in such like situation.
3. Learned counsel for the appellants Syed Zahid Hussain Bokhari, Advocate in this regard to elaborate his argument has cited two judgments i.e. PLD 1991 SC 575 decided by the Hon'ble Supreme Court Shariat Bench and PLD 1981 SC relevant page is 285 and according to the learned counsel for the appellants in such-like situation appeal can be heard in the absence of the appellants and it is discretionary power with the Court to hear the appeal or otherwise.
4. On the other hand, learned State counsel submits that as the appellants had deliberately left the country, they have not surrendered before this Court after suspension of their sentence by this Court. They have no right of hearing. Same is position of the learned counsel for the complainant.
5. I have heard the learned counsel for the parties. Hearing of appeal is valuable right of accused and the accused who after conviction files an appeal before the appellate Court then a duty is also casted upon the appellants that they should be present in Court or in jail or duly represented by their counsel. In the instant case as mentioned above occurrence took place in 1990, appellants were convicted in 1993, their sentence was suspended on 23-4-1995 and thereafter 21 adjournments have taken place. This Court has tried his level best to procure the attendance of the appellants through summons, bailable warrants and even non-bailable warrants were also issued but all in vain. Thereafter, notices to the sureties were issued, they also failed to produce the appellants and ultimately they had to deposit the surety amount to the Government Treasury. A detailed report has been made by Imtiaz Hussan A.S.-I. On 11-10-2000 which has been placed on record stating therein that after being released on bail by this Court on 23-4-1995, both the appellants absented themselves and presently they are residing in Behreen. In this regard affidavits of different persons of the same village have been placed on record. The appellants while leaving the country did not inform this Court, did not get any permission by filing any application.
They even did not inform their learned counsel in this regard. In my view the persons who were awarded life imprisonment for causing death of a person and were also sentenced to imprisonment for four years for causing injuries to P.Ws. Under section 307, P.P.C. And after being released on bail by this Court in the instant appeal have tried to deceive this Court. If in such like cases in the absence of the appellants/accused, appeal is heard and same is succeeded then every person whose appeal would be pending in this Court will try to absented himself or he would abscond till the decision of his appeal and if the result of the appeal will be in his favour then he will come in picture otherwise he will remain out of the country and will try to conceal himself. This will become a trend which cannot be allowed. It will damage the whole criminal judicial proceedings. I am of the considered view that when an absconder after his arrest loses his right of bail and so if an accused after trial and he is found guilty and after being sentenced he files an appeal his sentence is suspended by the appellate Court and after being released on bail he absents himself then he has no right of appeal. In this view of the matter this appeal has no merit and the same is dismissed.