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MUHAMMAD MIR versus ABDUL QADIR


Criminal Code of Conduct (CCPC) Section 323 Criminal Code of Conduct (V1898), Articles 401 and 402 of the Constitution of Pakistan (1973), Article 199 of the Constitution Application Section 401, Criminal Procedure for non-confinement of the accused by the Provincial Government. The release of the expected sentence, the Rule, 1898 gave the provincial government powers under section 401, the Criminal Code, the Code of 1898, although discretionary, to overrule and relentless powers whenever and wherever the law was provided. Could not be equated with, but such discretion was to be used. Be careful and cautious and use discretion in the relevant circumstances after the use of the mind which was authorized by the provincial government to compel the crime and make the final decision of the case. The accused was sentenced by a session judge. Appeal dismissed by the High Court and then sprayed by the Court. The Court refused to grant leave for appeal, leaving no one to look into the matter, which resulted in a serious miscarriage of justice. Thus, the mechanical exercise of discretion was practiced by the provincial government, thus it was not a durable imperative.

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