2004 P Cr (PLP)

S. 497(2)

Bail, grant of

Principles

Accused would only be entitled to the discretionary relief of bail when on the tentative assessment of materials brought before the Court, it reached the conclusion that no reasonable grounds existed for believing that accused was guilty of a non-bailable offence or an offence punishable with death, imprisonment for life or imprisonment for ten years

In absence of any such finding, the Court was debarred to hold that case was of further inquiry entitling accused to bail within meaning of S.497(2), Cr.P.C.-- Deeper appreciation of evidence at bail stage, no doubt was not the requirement of law, but cases regarding bail were not and could not be decided in vacuum

Court had to form a view by assessing the evidence on record tentatively.

S. 497(2)

Bail, grant of

Principles

Further inquiry

Provisions of S.497(2), Cr.P.C. had provided that if it appeared to the Court at any stage that no reasonable grounds existed for believing that accused had committed a non-bailable offence, but sufficient grounds existed for further inquiry into his guilt, such accused would be released on bail-- What would constitute as sufficient grounds for further inquiry, would depend upon peculiar facts of each case and no hard and, fast rule could be laid down for that purpose

Every hypothetical question which could be imagined, would trot make it a case of further inquiry simply for the reason that it could be answered by the Trial Court subsequently after evaluation of evidence

Condition laid down in cl.(2) of S.497, Cr.P.C., was to the effect that sufficient grounds existed to exist for further inquiry into the guilt of accused which had nexus with the result of the case and could show or tend to show that accused was not guilty of the offence with which he was charged; for example, if the accused was charged for offence under S.302, P.P.C., but there were grounds for further inquiry which could show that he could not be convicted of charge under S.302, P.P.C. and acquitted or convicted for a lesser offence.

S. 497(2)

Penal Code (XLV of 1860), Ss. 302/324/148/149

Bail, grant of

Further inquiry

Accused, no doubt were directly nominated in promptly lodged report for the commission of crime and a definite role of firing had been attributed to them, but in statement of injured prosecution witness recorded under S.161, Cr.P.C., said accused had neither been charged nor, their presence had been shown at the spot at the time of occurrence

Case of accused, in circumstance necessitated further probe

Statement of said injured prosecution witness had also been recorded under S.164, Cr.P.C. wherein too, accused had not been charged

Injured stranger/passerby, had not charged anyone for firing which too had made the case of prosecution doubtful even at bail stage, leaving a lot to be inquired at the trial

Police, during investigation, had also admitted the innocence of accused for not being present at the spot at the time of alleged occurrence and it was evident from investigational proceedings that police/Investigating Agency had no other option in attendant circumstances, but to place the names of accused in Column No.2 of the complete challan

Case for grant of bail having been made out, accused were admitted to bail, in circumstances.