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TASSADUQ HUSSAIN GILLANI versus STATE


Section 514 Amendment Code (XLV of 1860), Section 302 of the Azad Jammu and Kashmir Interim Signature Act (VIII of 1974), the father of the applicant for the forfeiture of the bond of Section 42 Qatil AMD bail, after the execution of the bond on bail. Released on bail, the defendant for whom the victim was executed violated the terms of the bond because he did not appear in court on the date set for the hearing and was absconding and the bond was confiscated. That when the bond was confiscated before the death of the bailiff, the court rightly passed the order attached to the landed property to recover the confiscated amount of the bond. Counsel for the petitioner stated that due process was not followed, there was no provision clause in section 514, CCPC was in nature compliant with letter and spirit. There was no ambiguity that the trial court did not adopt the mandatory procedure under section 514, section (2) of the CRPC, before the final order of the trial was passed, unless proper cause was shown and No penalty was paid, the court can proceed to recover the same by issuing a warrant for the sale and attachment of the immovable property belonging to such person or his property; if he died, it is disputed that the transfer Can only be recovered after The property was misunderstood, the fugitive accused was involved in the murder case and according to the record, he took part in the incident and was assigned a special role once it was proved that he was responsible for the penalty. , Then the whole amount should be recovered from the trial which the Shariah court affirmed

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