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HAJI AHMAD versus STATE


Sections 497 (5) and 498 Criminal Procedure (XLV of 1860), arrest before section 489F, the cancellation of the offense with which the accused was charged, even though it did not fall under the prohibited clause of section 497 CCPC , But that bail was not grounds for pre-arrest. The defendants, in guaranteed offenses, can claim bail as a matter of right, while bail in non-bailable offenses does not fall under the prohibited clause of Section 497 CCPC in light of legal privileges / privileges / legal principles. , Was by court. No basis has been provided for allowing extraordinary relief to the accused in anticipatory bail. No hard and fast rule can be formulated in this regard, and it depends on the facts of each case, in the present case, non-advance guarantee. There is no marginal relief. Was available to the accused and the trial court considered the grounds for bail after the arrest as the basis for bail before arrest was against the recognized and established principles of the law, but it was the way of the judgment. At the time of the retreat, such behavior, but also the misconduct by the accused, had relieved himself of the bail, arbitrarily relieved, the order to guarantee the trial was set aside,

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