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SHAH PAL versus MAZHAR HUSSAIN


Criminal Code of Conduct (CR PC) Section 497 Constitutional Code (XLV of 1860), Section 302/307/34 Enforcement of Islamic Criminal Laws (IX of 1974), Section 5/15 bail, common between the parties. There was a land grant. The incident took place when some remarks led to a discussion between the parties in connection with the dispute, in which the accused disclosed the role of his wife, who was a clear relative of the complainant medical report. The two courts below concluded that the accused was entitled to bail in view of the specific circumstances of the case. Thus, it cannot be said at this stage that the courts below had taken the aggravating action to extend the bail. Particularly when medical reports say that the wounds of the accused or the defendant were not found in the report attributed to the accused, they could be prosecuted if it was found that the accused had joint intentions with the principal offenders. Constructive liability, but under the preliminary stage, the passing of the accused's bail by the courts cannot be construed as a violation of the law.

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