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SAMINA SHAFI versus THE STATE


Section 497 (s) of the Code of Conduct (XLV of 1860), Section 420/468/471 Qazf (Enforcement of Limitation) Ordinance (VIII of 1979), Section 8 guarantees, the cancellation of the agreement was between the complainant and the accused. The complainant took an oath of affidavit. In favor of the accused bail, not only was the statement given to the accused on oath, but also the complainant's statement was recorded on which the accused on his bail was cleared on other grounds as well. Delay in AR submission is also included. The complainant did not explain the two-year delay in filing an FIR of civil litigation between the parties. The accused was not involved in a trial under the Prohibited Clause, the maximum punishment for which the accused could be punished, was not guaranteed for more than years. Cases were a rule and denial was an exception, bail cannot be dismissed merely on the assertion that the accused is misusing the bail exception, unless there is sufficient material / evidence about it. Allegations of alleged misconduct were obtained through documentary evidence; the evidence was not presented to provide documentary evidence that the accused was, in fact, misusing the bail exception upon release from prison, on the grant of bail. The complainant was not harmed by the accused for about 1 year. The complainant's claims, however, were not sufficient to prove that the accused was abusing the bail exception, the trial was unlikely to be concluded in the near future and the accused could not be jailed until That is integrated by the complainant

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