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GULSHER versus STATE


In order to approve the applicant's suspension and bail for the suspension of the sentence due to the delay in the appeal decision, section 306 / XLV of 1860, section 302/34/114, the legislature imposed a restriction and reliability on the court. The offender could be released on bail to review and investigate the reasons for the delay, except where it was held that the appeal decision was delayed by any act or omission of the offender or another person. Has happened. Such legal right was subject to the fulfillment of the criteria and the deciding factor set out in clauses (a) to (c) of section 426 (1A), CR PC Court must also be examined. Was the person who applied for bail. Not guilty of death penalty or life imprisonment for a convicted felon. Or said the person was a desperate or dangerous criminal or was accused of a terrorist act that could have sentenced him to death or life imprisonment. The court was not obliged to examine the matter on merits and should refrain from provoking it by appealing its decision under section 426, CRPC. , Because in-depth evidence scrutiny cannot be guaranteed nor desired, while the court must first restrict the verdict to its verdict, and under Section 6 42 Cr, CRPC Evidence A thorough examination of the evidence and review of evidence was not appropriate. Section 6 426, CRPC had to exercise justice without considering the relevant facts and without entering into the case or commenting on the case, where the competence with the defendant is considered, the court will be competent Will stay out of the fun

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