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GHULAM SARWAR versus THE STATE


The Azad Jammu and Kashmir Interim Constitution Act, 1974, Section 44 of the Criminal Procedure Code (V9 1898), the Appellant of section 526 stood as a guarantor in the case of exchange murder and the absence of the accused was guaranteed. Was seized and was being processed. The District Criminal Court Appellant, against the receipt of the bail bond amount, has been requested to move the matter to the court in the case that it had strained relations with the District Criminal Court Member Sessions Judge, Was taking personal interest. The record in the arrest did not indicate that the session judge was not impartial in dealing with the case, and the session judge said in his formal comments that the appellant appeared to be out of the law and that he had bail. Go Such observations indicate that the session judge felt unhappy with the transfer request and if he was allowed to make such a decision. It cannot be that justice was not done though it can actually be done by him and as such, it is the golden rule that justice should not only be done but it should also be violated by the appellant. The pending case was transferred to another court in circumstances to deal with the law

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