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AKBAR ALI versus JAMSHAID ALI


Section 497 (5) of the Criminal Procedure (XLV of 1860), Section 489F for the cancellation of the bail was issued before the court below, but they were withdrawn; the third bail application Was excluded due to A week later, the suspects filed another bail application, which was accepted. The complainant's argument was that the withdrawal of the two successive bail pleas of the defendants filed before the court below is equivalent to excluding such applications on the merit and that there is no new basis for finding them. Release on his bail, but the court below illegally granted the defendant's bail without acknowledging the fact that a simple dismissal of a bail plea would not mean that the matter with him was on good terms or suppressed. There will be no restriction on such return. The second bail application, which should be heard by the same judge / bench that had earlier allowed the bail application to be withdrawn, was not decided on the merit of the accused's bail, but the court below found it Had expressed frustration at the bail discount due to poor conduct. For the cancellation of the guarantee, circumstances were excluded

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