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NAZAR HUSSAIN versus STATE


Article ?55 ()) Appellate (guilty) accused of fleeing jail before appellate justice fails to hear his appeal from his appeal, under which appeal is dismissed.

1985 S C M R 614

Present: Muhammad Haleem C.J., Aslam Riaz Hussain, Nasim Hasan Shah and Shafiur Rahman, JJ

NAZAR HUSSAIN‑‑Appellant

versus

THE STATE‑‑Respondent

Criminal Appeal No.21 of 1981, decided on 19th November, 1984.

(On appeal from the judgment and order, dated 25‑2‑1981 passed by the Lahore High Court, Bahawalpur Bench, Bahawalpur in Criminal Appeal No. 240 of 1977/BWP).

Constitution of Pakistan (1973)‑‑

‑‑‑Art.185(3)‑‑Appeal (criminal)‑‑Accused‑appellant escaping from jail pending his appeal before Supreme Court‑‑Appellant being a fugitive from justice, held, had forfeited his right of audience‑‑Appeal dismissed accordingly.

Asghar Ali, Advocate Supreme Court and Sh. Masud Akhtar, Advocate‑on‑Record (absent) for Appellant.

Karam Elahi Bhatti, Advocate‑on‑Record for the State

Date of hearing: 19th November, 1984.

ORDER

MUHAMMAD HALEEM, C.J.

‑‑ When this appeal came up for hearing today, we were informed by Mr. Asghar Ali counsel for the appellant that the appellant has escaped from Bahawalpur Jail alongwith nine other condemned prisoners on the night intervening 11th and 12th July, 1981, and his whereabouts are not known. By way of abundant caution this information was confirmed from Mr. Riasat Ali Khan Afridi Superintendent, Central Jail, Bahawalpur. As by his escape from jail he is fugitive from justice and has forfeited the right of audience.

Accordingly, the appeal is dismissed.

M.Z.M. Appeal dismissed.

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