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STATE versus FARZANA KAUSAR


Sections 497, 439 and 561A of the Penal Code (XLV of 1860), Section 302/34 bail, grant of self-action by the High Court on the charge of being a woman, the first case under section 497 (1). Well, the CR PC accused was behind bars for more than four months and the lactating baby was in jail. It was alleged that before that the offender was incarcerated with his mother (the accused) was innocent and he was jailed with the mother obviously for the sake of his welfare. The concept of welfare was incompatible with the life of a prisoner. Instead of detaining an innocent infant child in jail for his mother's alleged crime, he was in the welfare of the minor, along with justice, if the mother was jailed. Was released from The High Court, therefore, acquitted the accused on bail of modification and exercise of autonomous powers obtained under natural jurisdiction.

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