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FARHAT HUSSAIN SHAH versus STATE


Sections 497 and 498 Criminal Procedure (XLV of 1860), Criminal breach of trust 40, bail before arrest, approval of further investigation principles, prohibition clause of section 497, CCP scope, pre-arrest granted to the accused. The bail was canceled by the High Court and he was taken into custody. The seriousness of the allegations should not stand in the way of providing a pre-arrest bail to any of the accused, unless it is otherwise capable of guaranteeing that it was not beyond reasonable doubt that the accused was guilty of the crime. With death or life imprisonment, therefore, they were entitled to bail, except that the provisions of section 498 CCPC would be rarely used in extraordinary cases where Malala was the winner's patent or even the accused. Against a long period of garland was found at the grassroots level then the accused's case was no longer in the category of inquiry, the order passed by the High Court was set aside by the Supreme Court, bail was allowed \ r \ n

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