Law:

Section:

Criminal Procedure Code (V of 1898), S. 497-Bail in non­bailable offence-Bail not to be withheld as punishment-Not correct to depend on ipso dixit of police regarding guilt or inno­cence of accused-Police on investigation holding accused to be guilty but complainant party consistently maintaining that police report was not correct and that real culprits were placed in column No. 2 of challan by Police whereas those prosecuted as accused were innocent-Held, High Court had erred in refusing bail to accused in the circumstances-Penal Code (XLV of 1860), S. 302. In a murder case the names of persons mentioned in the F, I, R. were placed by the police is column No. 2 of the challan as mere suspects while a number of other persons were charged as culprits. The complainant on the other hand main­tained that the police was shielding the real culprits and that the persons charged as accused were innocent. The accused applied for bail but the High Court rejected the petition on the main ground that the police investigation had held them to be guilty. Held : The High Court did not follow correct principles in refusing bail. It is obviously not correct to depend on the ipse dixit of the police regarding the guilt or innocence of an accused person even in the matter of deciding the question of his bail. Bail in non-bailable cases is a matter within the discre­tion of the Courts, which has to be exercised with due care and caution on the facts and circumstances of each case. For an offence punishable with death or transportation for life, an accused charged with the same is not to be released on bail if there are reasonable grounds for believing that he has commit­ted such an offence. The onus is on the prosecution to disclose those reasonable grounds, and the Court has to examine the data available in the case to find out whether such reasonable grounds exist, to connect the accused person with the crime alleged against him. The Court's belief on the point has to rest on the accusations made in the report to the police, the nature and the credentials of the evidence, which the prosecu­tion proposes to lead in the case, and all the other relevant circumstances surrounding…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492