Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.380 & 409---Prevention of Corruption Act (II of 1947), S.5(2)---Theft in dwelling house, criminal breach of trust by public servant, corruption---Bail, grant of---Further inquiry---Entrustment of property/boxes of Prize Bonds, was in three hands in shape of joint entrustment, between the State Bank Officials, Railways Authorities and Police personnel---Nowhere it had been the contention of prosecution that during the journey the lock of the bogie/carriage of train, had been opened or broken, or any pilferage in any other shape from the said bogie, had taken place throughout the journey of train---In a joint entrustment of property in question, equal liability would fall on the shoulders of all the persons responsible for safe delivery of boxes---Doubt crept up from the number of boxes of Prize Bonds, booked from place 'L' being ten, and its arrival at place 'K' being nine boxes, with one box missing, which was shrouded in mystery and uncertainty---Nothing had been recovered from Police guards, nor they were shown of having acquired any benefit from that property---Was yet to be ascertained through evidence on trial regarding the role of the Railway authorities and the State Bank Authorities of place 'L', which had given room for further inquiry into guilt of accused persons---Allegedly missing box containing Prize Bonds, had reportedly been cancelled by the State Bank---No loss in circumstances to Exchequer accrued, but offence still exited---Under Ss.409 & 380, P.P.C., and S.5(2) of Prevention of Corruption Act, 1947, when doubt precipitated, it would not be the entailment of maximum sentence falling upon accused persons---Punishment that could fall, would be subject to evidence during trial; and the quantum of liabilities under the offence falling on the shoulders of each of accused persons; in such legal and factual spectrum, case fell under further inquiry under S.497(2), Cr.P.C.---Accused persons having succeeded to make out a case for grant of bail, they were admitted to bail. THIS ORDER PASSED BY: HASAN FEROZ, J.--- By this order I intend to dispose of the instant…

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