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MUHAMMAD QASIM versus STATE


Sections 109 and 439 Applicants for good conduct were neither contested nor lofted, nor were any criminal cases pending in a District Magistrate's Court against them, therefore, they were guaranteed good behavior. There was no need to submit bail, as the district magistrate initiated proceedings against it. Section 109 guarantees the district magistrate before requiring applicants to furnish bail with bail for their good conduct without properly complying with the essential provisions of the law governing the issuance of show cause notice to applicants. It does not instruct applicants to issue bonds with guarantees. Due to their good behavior among the parties that the civil litigation between the parties was pending, the improper orders passed in the appeal by the District Magistrate as well as the sessions court were set aside and the applicants' bail. The guarantees were eliminated with.

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