Section 497 (5) of the Criminal Procedure (XLV of 1860), the termination of a criminal breach of trust by the Clerk or Servant of the Section 408, the plea of the solicitor for the applicant / complainant was an order of non-bailable order. Was legal, misleading and against the record; the bail was granted in haste without the advice of the record and no notice of hearing was given to the complainant's lawyer for the applicant, such as misuse of bail privileges. No one else was cited. Or the tampering notice in the case record, though not given to the complainant by the court, was too much for the state to prosecute and it was heard that the law did not require the complainant to grant or deny the bail. Yes, the accused was under trial for injury and murder and it was necessary to prove his involvement by the prosecution in the case. If the accused's involvement proved on record, he could be punished according to the severity of the crime. Cannot cancel in already granted conditions
Related judgments — Peshawar High Court NWFP, 2011
