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MST. MAQSOOD BEGUM versus SARFRAZ ALIAS PALOO


Section 497 (5) of the Criminal Procedure (XLV of 1860), Section 302/34 of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), Section 42 bail, canceling the jurisdiction of the Supreme Court, the first to use the prosecution case Was linked to the accused. It was supported by a crime commission complaint and an ocular version in which two witnesses saw the accused fleeing the scene, while police recovered a 12-bore gun, equipped with deadly weapons, with medical evidence. ? From the fact that the statements of the prosecution witnesses were recorded a week after the incident, they will not refrain from taking into consideration, especially when a witness has filed under Section 161, CRPC. Was deposed in his statement. The suspect was scared and hence his statement was not immediately recorded. At the bail stage, it cannot be believed that the witnesses were arrested and they were witnesses. In addition, in his statement under Section 242, CRPC, the confession of one of the defendants confessing to the crime is a confession that the court generally does not interfere with in order to link the accused to the commission of the alleged crime. Will The discretion was exercised by the courts below, but where discretion would have been widespread on its face, the court would always intervene in the bailout phase and could use the power exercised to properly handle the matter. That is, the matter was not considered by the following courts in which it appears that the material evidence is a matter of not reading the evidence and misrepresentation.

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