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BAQAR ALI versus THE STATE


Criminal Code of Conduct (CCPC) Section 404040 witnesses, reminds the prosecutor's request for a cross-examination for further cross-examination, and is accompanied by a signature and correspondence contents such as The case was dismissed on the basis that it was written by the witness and presented by the accused. Completed and even defensive work was closed and the purpose of moving the petition was to fill millions in evidence, the trial court did not allow application on mere technical skills and in applying under s540 Failure to abort justice was ordered as a result of CCP, in circumstances]

1987 M L D 2184(2)

[Karachi]

Before Naimuddin, C.J

MUHAMMAD KHAN and another Accused-Applicants

Versus

THE STATE--Opponent

Criminal Bail Application No.554 of 1987, decided on 12th May, 1987.

Criminal Procedure Code (V of 1898)--

---S.498--Pre-arrest bail, grant of--Applicants could not surrender to Sessions Judge because Court was surrounded by Police--Applicants granted protective bail for two weeks to enable them to appear and surrender in Court of Sessions Judge, for applying bail.

Qurban Ali Chohan for Applicants.

A.A. Muhamedaly, A ddl. A.-G. for the State.

JUDGMENT

This is an application for bail before arrest in Crime/FIR No.43/87 P.S. Tando Muhammad Khan. Learned Additional Advocate- General states that the applicants should have first moved the Sessions Judge Hyderabad. In reply it is submitted that the applicants could not surrender to the Sessions Judge Hyderabad because the Court was surrounded by police. Mr. Chohan further states that he has filed affidavit, in para.7 whereof he has stated this fact. In view of this submission learned Additional Advocate-General has no objection if the applicants are granted protective bail for two weeks. Accordingly I would grant the applicants bail in Crime/FIR No.43/87 of P.S. Tando Muhammad Khan in the sum of Rs.20,000/- each with P.R. bond in like amount to the satisfaction of the Nazir of this Court to enable the applicants to appear and surrender in the Court of Sessions Judge and for applying to the said Court for bail on or before 26-5-1987.

S.G.D./M-212/K Bail allowed.

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