Legal Question in Criminal Law in Pakistan
Q. 1: Hi there! what is absconder definition? if someone is declared absconder! what punishment and laws are applied ti him or her? and is it possible to get bell without sending to jail?
Q. 2: if a complainant or who registers the FIR does not take part in court proceeding or does not attend court proceeding. in this condition, may the case be dismissed or the person, against whom FIR was registered, may file the application to dismiss the case?
2 Answers from Attorneys
Absconder is the person that doesn't get arrested and doesn't appear in the court being an accused in the criminal case. There are always arrest warrants issued on the name of accused. The best way an absconder can do is that he can file a petition for bail before arrest along with an application for cancellation of warrants. Once bail is granted by the court and the complainent doesnt follow the proceedings then a petition of 249-A for acquital can be moved to end up the case. For more do consult me at [email protected]
Regards,
Question No.1
ABSCONDER
1. Any person who is fugitive from the law is an absconder
2. In our country the absconder is a person, against whom any criminal litigation is pending and he or she does not appear before the court of law.
APPLICABLE LAWS
1. Pakistan Penal Code --Section 172-A
Three years punishment with or without fine.
2. Code of Criminal Procedure -- Section 87
proclaimation in newspaper
Question No. 2
If the complainant does not appear before the court of Law to follow his case, than the accused can make application under section 249-A, (magistrate) 265-K (Sessions Judge)
561-A (High Court), to dispose off the case and to discharge the applicant.
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