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ZIA-UR-REHMAN SAJID versus MUHAMMAD ASLAM


Sections 496, 497 (5), 498, 561A and 91 bail application for the accused, who was granted pre-arrest bail, after appearing on the relevant date himself, before his pre-arrest bail trial court Withdrew, and his arrest warrant was issued for a fixed date, the trial court observed that a lawyer had presented the accused and the suspect was taken into custody, the trial court said. Had further observed that when the accused presented himself, the accused was instructed to furnish bail bonds under bail. Section 91, CRPC's Articles 6, 91, were to be read in conjunction with the provisions of the CCPC and, despite the defendants presenting themselves before the trial court, the provisions of Sections 496 and 7497, The CCP was held to be ineffective, the trial court proceeded without legal authority, believing that the defendant was entitled to automatic entry into bail, to release the accused after any trial. Was not referred to the trial court for detention without passing the order in terms of section 497, the CRPC High Court as requested under section A Cr AA, CRPC. Miscellaneous rmanh treated and allowed it, put aside the trial court shall order.

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