Belated implication

No worthwhile source of information regarding actual involvement of accused in the commission of the offence was put forward

Present case was one of further inquiry

Accused was aged about 64/65 years

Accused was admitted to bail in circumstances.

Prosecution report stated that present case was one of blind murder, and the complainant who was a passerby found body of deceased and reported such matter to the police

After almost one month of the registration of F.I.R., an alleged eye-witness of the occurrence came forward and implicated accused for the murder

Strangely alleged eye-witness of the occurrence remained silent and never disclosed fact of seeing accused commit the murder to the police for almost a month

Question as to what prompted the alleged eye-witness to disclose such fact to the police was still a mystery

Alleged confession of accused during police investigation while in custody had no evidentiary value and same could not be used against him

Prosecution had a heavy responsibility to discharge the onus of involvement of accused in the alleged crime

Present case was a classic example of a case of further inquiry

Accused was admitted to bail in circumstances.

Allegation against accused and co-accused persons was that their firing resulted in the death of the deceased and also caused injuries to two persons

Complainant initially charged unknown persons in the F.I.R. for commission of the offence but subsequently charged the accused and two other persons for the same

Belated statement of complainant after a long delay in which he charged the accused lost its authenticity because of chance of consultation and deliberation

No test identification parade was conducted to prove the belated charge

One of the co-accused had been acquitted by the Trial Court

Although prosecution contended that accused remained an absconder for 14 years but bail could be granted if an accused had a good case for bail on merits and mere absconsion would not cone in his way while granting bail

Accused was granted bail, in circumstances.