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MST. ISMA BIBI versus STATE


Section 497 (5) of the Criminal Procedure (XLV of 1860), Section 364 A / 34 Bail, the accused's termination was named in the FIR with specific allegation of abduction of a boy, the prosecution's witnesses in their statements The accused was fully clothed, charged with the crime. Although he claimed that he was declared innocent during the investigation and that the exit report was prepared to cancel the case against him, the fact is, the area magistrate reported the extortion report. Did not agree. Second, the police case was not court-bound. The complaint against the accused was of a serious nature and the recovery of the abductor was yet to be effected, in the absence of recovery the trial court was not justified in extending bail, especially when complaining against the crime. Was gone Disgusting nature and the prohibition clause of section 497, the CCR order later granted the arrest warrant, was set aside and the accused's bail canceled.

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