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MUHAMMAD NAEEM KHAN versus THE STATE


Criminal Code of Conduct (CRPC) Section 497 (5) Suppressing Terrorist Activities (Special Courts) Act (XV of 1975), Section 5A (8) of the Criminal Code (XLV of 1860), Sections 302/324 / 148/149 pre-arrest bail, granting powers to approve such bail, when bail is not available, in the case in which the accused was involved, a special operation established under the Pressure of Terrorist Activities (Special Courts) Act, 1975 There was a court-wide trial that would invalidate its provisions because of a special law. The provisions of the General Law Special Court did not have the full powers to bail the accused, who had criminal courts under Sections 497 and 498, Cr PC, but only granted bail under sub-section (8) of section 5A. Was given the option of giving. The aforesaid act, in which no special imagination can be deemed to have the power to grant bail at the pre-arrest stage without special arrest, is, therefore, the pre-arrest warrant of the accused under the CCPC 5 498. Had no jurisdiction to approve, which was alleged. Bail bail canceled before arrest of accused by special court before committing scheduled crime

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