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KISHWAR SULTANA versus THE STATE


Criminal Code of Conduct (CR PC) Section 497 (5) Contempt Code (XLV of 1860), 5 337 A (III) / 504/427 Sindh Children's Act (XII of 1955), Section 5 Pre-arrest Guaranteed Revocation Ex. The incident between the parties was not the result of sudden outbursts, joint intentions or the pre-concert of the accused, since the case of the accused was from 13 years to 16 years and their case was under the provisions of Sindh. The accused were empty-handed in the Children Act, 1955; they were not accused of misappropriating bail privileges prior to their arrest; the accused had no special role in the FIR. The injuries sustained by the witnesses were not in the major parts of his body. The case was to be given to the accused even at the bail stage and the prosecution was on the verge of completion in the trial court. At that stage it was not appropriate to revoke the accused's bail. The case against the accused was not banned. Included in section 497 (1), the CCP ordered the defendants not to suffer any legal or factual weakness in granting bail; the application for cancellation of the accused's pre-arrest bail was dismissed accordingly.

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