Section 497 (5) of the Criminal Procedure (XLV of 1860), Section 302/34 abrogation of the conviction bail, applied for the respondents / suspects in the FIR immediately registered for the brutal murder of the victim with deadly weapons. Go. Granted bail from the trial court but never appeared before the competent court to confirm otherwise, since the date of the incident, the accused never joined Investigation and submitted a Certificate of Inquiry to the Alibi application. Who did not think it appropriate to confirm. Standing behind the certificate, but the investigating officer placed the two accused in column 2 of the challan trial court without having to examine the challan, without finding out the legality of the charges against both the accused. Sent to trial or someone else. And whether the accused were in custody or under bail, the trial court was directed to offer bail to the accused without any notice on the legal heirs of the deceased, who was not only the victim's party. Interest was badly affected, but a bail application against natural justice principles was allowed.
Related judgments — Peshawar High Court NWFP, 2010
