Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---'Reasonable grounds for believing' used in S.497(1), Cr.P.C.---Importance---"Expression" reasonable grounds for believing used by Legislature, were of vital importance; and same could not be dealt with lightly in an omnibus manner, rather spirit of the law was to be followed strictly with special reference to the words used therein. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.302, 324 & 34---Qatl-e-amd, attempt to commit qatl-e-amd, common intention---Bail, grant of---Further inquiry---F.I.R., was silent about the kind and nature of weapon used in the commission of offence---Two persons, were charged for the commission of offence, but no specific role had been attributed to any one including the accused---Complainant had introduced .30 bore pistol and china rifle, but in the site-plan two empties of .30 bore pistol were recovered, whereas in recovery memo, recovery of one empty of .30 bore pistol, was shown---Statement of eye-witness was recorded after 11 days without any explanation---Recording of the statement of alleged sole eye-witness with such a delay made a case of serious doubt, as the conduct of the prosecution witness to remain silent for such a long period made his worth and value as questionable---Tentative evidence available on the file would make a case of further inquiry---Mere heinousness of offence could not be made a ground for refusal to bail---Though accused was directly charged in the F.I.R., but no specific role had been given---No reasonable ground for believing existed in the instant case for refusal of bail in the light of available record, tentatively---Bail could not be refused to accused, if no sufficient material had been brought on record showing reasonable grounds to believe that accused was guilty of offence and the offence charged with was punishable for death or life imprisonment or imprisonment for ten years---In case of non-presence of reasonable grounds to believe, bail could not be conveniently refused in routine as liberty of a citizen was involved, and the same could not be subjected to the heinousness of the offence,…

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