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MUNIR AHMAD versus INCHARGE, CIVIL PRISON, SADIQABAD, DISTRICT RAHTMYAR KHAN


Criminal Procedure Code (CCPC) Section 491 Small Business Finance Corporation Act (XXIX of 1972), Section 20 and 22 Habitat Corpus is a guarantee for the borrower dentino borrower from the Small Business Finance Corporation lender Which has failed to pay its debt to the corporation. Acting under the terms of the contract under the law, after the borrower disappeared, the corporation arrested Ditto / Bail, who was sent to the civil jail for non-payment of loan by the borrower, Accuracy Corporation. The borrower should be arrested and, in the event of dissatisfaction with the loan amount, the borrower should own the property. Has been forfeited, but the corporation did not take any action against the borrower whose obligation was to repay the debt; since the responsibility of the ditho / guarantor was secondary, he should not have been sent to civil jail unless the loan Attempts to recover a debt against the borrower eventually fail in dentinue. The bail was accepted on the bail with the authority's instruction to take action against the borrower and in the case of satisfaction of paying the loan, the authority would be free to act against the bail.

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