Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Bail, grant of---Further inquiry---Scope---FIR, in the case was lodged after considerable delay of five hours---Explanation offered by the prosecution for such delay was not convincing---Delay in such like situation was fatal for the prosecution---Nothing had been brought on the record regarding presence of the complainant at the place of occurrence at the relevant time, which made the case one of further inquiry; and could be brought under the purview of S.497(2), Cr.P.C.---Grounds of further inquiry, though depended upon the peculiar facts of each case, but the court had ample powers, even to refuse the bail application in the offences, which did not fall under the prohibitory clause of S.497, Cr.P.C.---Such was not an absolute rule that the bail in non-bailable offences could not be granted to an accused---If from the tentative assessment of the material brought on record, it appeared that there were reasonable grounds for believing that accused had committed a non-bailable offence, but the sufficient grounds for further inquiry into his guilt appeared, then the court could release such accused on bail---In a case falling under the prohibitory clause, the court after tentative assessment of the evidence, if would come to the conclusion that prima facie some doubts were arising into the guilt of accused the court was empowered to exercise its discretion in favour of accused and could release him on bail---Doubt, if any arising in the case must be extended in favour of accused, even at bail stage---Enmity between the parties, being also admitted, possibility could not be ruled out regarding false implication of accused--- When an accused would become entitled as of right to bail under S. 497(2), Cr.P.C., bail could not be withheld on the ground of practice--- Accused was behind the bars for more than six months, but there was no progress in the trial---Fair and speedy trial, was one of the fundamental rights of accused---No moral or legal compulsion existed to keep accused behind the bars for an indefinite period, which would amount to punishment without trial---Accused was previously…

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