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MUNIR HUSSAIN versus STATE


Section 498 Police Order, Arts 155 (35 of 2002) and bail prior to arrest 35, Sessions Judge FIR grant on criminal complaint, sentenced to three years imprisonment for not arresting the accused The waiver of bail was registered under the order of the complainant session judge against the FIR suspect / applicant (Sub Inspector Police) as the accused involved in the previous case failed to be arrested. The facts of the case; the person charged under this offense did not fall under the prohibited clause of section 497, CCPC and the complainant's jurisdiction to re-invoke Article 35 of the Police Order, 2002 According to which, the District Magistrate was capable of issuing such directive against him. Under Article 155 of the Police Order 2002, the accused / applicant was convicted of a crime, three years. The applicant / accused was not likely to be absconding as a civil servant and further investigation is required in this case whether he deliberately failed to arrest the accused. The pre-arrest was successful in presenting his case for bail and the absence of economic dignity or extraordinary motivation by the police was not forbidden. The applicant was admitted on interim pre-arrest bail.

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