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GHULAM HAIDER ALIAS GAAMI versus THE STATE


Section 249A, 265, 345, 439 and 517 of the Code of Criminal Procedure (XLV of 1860), section 302/34, on the basis of section 302/34 compromise, the defendant's condition, the nature of the case and his acquittal. During the inquiry into the return of the accused in the case, who was acquitted on the basis of a compromise filed for the return of the property / licensed arms seized by the police, the application was earlier dismissed on the basis that the weapon was a crime. Was used in the commission and secondly that the accused was acquitted. Is based on compromise and not on merit. There was no evidence on record that the accused was not entitled to claim weapons restoration that the weapon which police recovered from the suspects was actually used in the commission of the crime, whether the accused was acquitted by the court. The trial was based on the declaration that some were not guilty on the basis of the allegations or at any stage on the basis of Section 249A or Section 265, CCPC or Section 345, CCPC As such, no distinction can be made between an evil practice through the benefit of doubt, for which it is excluded. Under compromise or section 249A or section 265, CCPC, whenever there is a compromise with the permission of the court, the effect would be to acquit the accused, recover the case property by trial court. Will be entitled, the case property ordered acquitted of the accused

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