Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 498----Penal Code (XLV of 1860), Ss. 409, 420, 467, 468, 471 & 34--- Criminal breach of trust by public servant, or by banker, merchant or agent; cheating or dishonestly inducing delivery of property; forgery of valuable security, will, etc.; forgery for purpose of cheating; using as genuine a forged document; common intention--- Bail before arrest, grant of---Consistency, rule of---Applicability---Factual controversy required recording of evidence---Documentary evidence in possession of prosecution---Accused, who had been assigned public construction work, were alleged to have misappropriated the public funds and failed to carry out work as per terms and conditions of the work order issued by the other official co-accused---Main official co-accused, who were allegedly to have assigned work orders to both present accused without approval of the competent authority, had already been granted bail by Trial Court---Present accused persons had been facing trial regularly, but prosecution had failed to examine even a single witness to substantiate the charge against them without any justification; prosecution witnesses were officials and to procure their attendance was not difficult task for prosecution---Present accused, while being on interim pre-arrest bail, had not misused the concession of bail---Case of prosecution was purely based on documentary evidence, which was in possession of the prosecution; there was, therefore, no apprehension of tampering with prosecution evidence---Prosecution version was, although, controverting the plea of defence regarding construction work carried out by present accused, but question of quality of work and measurement of constructed area could not be determined without recording evidence of witnesses and thoroughly examining relevant documents---Prosecution had not moved any application for cancellation of bail granted to the said main official co-accused---Present bail application had been pending since year 2013, and prosecution had also failed to pursue the same diligently for their timely disposal---Bail application was allowed accordingly. 2012 YLR 2913; 2013 PCr.LJ 318;…

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