Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 497(2)---Penal Code (XLV of 1860), Ss.324, 337-A(ii), 337-H(2), 337-F(i), 147, 148 & 504---Attempt to commit qatl-e-amd, causing Shajjah-i-Mudihah, rash or negligent act, causing Damiyah, rioting, rioting armed with deadly weapon, intentional insult with intent to provoke breach of the peace---Bail, grant of---Further inquiry---Principles---Mere fact that an offence did not fall within prohibitory clause of S.497(1), Cr.P.C., would not mean that it had become a bailable offence---Discretion to grant or refuse bail, to an accused involved in an offence, not falling within the prohibitory clause, lay with the court, which had to decide such question by tentatively probing the material made available to it---In appropriate cases, discretion could be exercised in favour of accused, where sufficient grounds existed for further inquiry into the guilt of accused---In the present case, accused, as per F.I.R. caused sharp side hatchet blow to prosecution witness, whereas in the medical certificate, the injury to that witness, was said to have been caused with hard and blunt side weapon---Such discrepancy between the medical and oral account of the case, appeared to be inexplicable, and would bring the case against accused within the ambit of further inquiry---Accused was not alleged to have repeated the blow to injured prosecution witness, which prima facie, called for further inquiry---Accused was on the same footing with that of co-accused, who was granted bail---Rule of consistency, was applicable in the case---Injury allegedly caused by accused, was punishable for five years, and did not fall within the prohibitory clause of S.497(1), Cr.P.C.---In such cases, the grant of bail to accused was an established rule, unless some extraordinary circumstances were available to justify an exception---Grant of bail to accused, did not mean his acquittal, but it was only a change of custody held by the Government Agencies on behalf of the court to the person who stood surety for accused---Accused who was entitled to the concession of bail, was admitted to bail, in circumstances. 2009 YLR 2299; 2009 MLD 21; 1998 SCMR 500; 2004…

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