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GHULAM RASOOL versus STATE


In each of the cases referred to in the section 497 Preventive Code (XLV of 1860), Section 302/34 guarantees for delayed trial will be decided in each case and will be weighed on its own merits. If it is not specified then there is no reason for the abuse of the process. Even in cases of capital punishment, where the prosecution is unwilling to present a challan or lacking evidence to testify, the defendant fails to present the accused without any justification or delays other than the adjudication of the accused. Others, including the complainant non-involved, can provide a good basis for guaranteeing compliance with the directions of the High Courts without a valid reason, in the future for investigating police papers and conducting prosecution. There is no possibility of a hearing, such as eg, where the accused will be prosecuted. It may take time, or where the court has been vacant for a long time, or even when a dispute arises as to the jurisdiction of the court. Time for decision-making, all such factors can also serve as a guarantee

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