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IJAZ HUSSAIN versus STATE


Section 497 (5) of the Conduct Rule (XLV of 1860), disqualifications of Section 489F guarantees, cancellation of principle guarantees were found to be a crime on the basis of conviction under section 489F under the order of the grant of bail, P.P. The prohibition clause of C-section 497 did not come up; the maximum sentence for the CCP and the offense was three years. Once the bail was granted by the trial court, special / extraordinary circumstances were required for its cancellation. In this case, no special circumstances were found which required the discharge of the guarantee granted to the accused. There was no evidence available by the trial court that the accused had misused bail privileges. The complainant's statement that the accused had misused the privileges of bail was not sufficient to withdraw the guarantee exemption except that the complainant's own statement was brought under oath, no other or independent witness was presented before Threats were made to the complainant / complainant. It may be justice that the applicant's / complainant's personal wish and wishful thinking that the bail was canceled was not on any evidence record nor an affidavit of independent witnesses on which the accused had made any attempt to eliminate the evidence. , The bail order cannot be interrupted, the request for cancellation in the circumstances bail out \ r \ n \ r \ n

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