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MUSTAFA versus ADDITIONAL SESSIONS JUDGE


The defendant was convicted and sentenced for attempting to commit a section 426 preventive code (XLV of 1860), section 324/337 F (v) and dismissing the non-prosecution appeal to the defendant. Had gone before his appeal was dismissed. The defendant's sentence was suspended The accused failed to appear before the appellate court, not only his withdrawal of bail was granted under section 2626 PC, CRPC, and his bail bonds confiscated. Was dismissed, but his appeal was also dismissed for illegal prosecution, which already existed. The decision to be admitted for a permanent hearing should have been decided on merit and could not be ruled out even for illegal prosecution, in the circumstances, was set aside and the appeal filed by the accused would be considered pending. And according to the law, the merit will be decided

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