Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)----Penal Code (XLV of 1860), Ss. 409, 420, 467, 463, 471 & 34---Prevention of Corruption Act (II of 1947), S.5(2)---Criminal breach of trust by public servant, or by banker or by agent, cheating or dishonestly inducing delivery of property, forgery, forgery of valuable security, will, etc., using as genuine a forged cheque, common intention, criminal misconduct---Bail, refusal of---Accused a public servant, was alleged to have embezzled government funds causing heavy loss to government exchequer---Case not falling within prohibitory clause of S.497, Cr.P.C.---Accused could not claim bail as matter of right, and court could decline concession of bail if there existed recognized exceptional circumstances---Alleged (embezzled) amount had been admittedly misappropriated on account of advance payments in violation of prescribed procedure and rules---Offender, in case affecting society, should have been dealt with iron hands and in absence of any exceptional circumstances, concession of bail must not be extended merely on ground that maximum sentence of alleged offence was up to ten years---Deeper appreciation of evidence at bail stage was not permissible under law---Accused could not claim bail on rule of consistency, as co-accused had been granted bail not on merits---Accused failed to make out case for grant of bail on ground of further inquiry---Bail application was dismissed accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 497----Bail---Case not falling under prohibitory clause of S.497, Cr.P.C.---Exception to general rule---Accused, in a case not falling within prohibitory clause of S. 497, Cr.P.C, cannot claim bail as matter of right, and court can decline concession of bail if there existed recognized exceptional circumstances. (c) Criminal Procedure Code (V of 1898)--- ----S. 497----Bail---Offences affecting society---Principles---Offender, in a case affecting society, should be dealt with iron hands and in absence of any exceptional circumstances, concession of bail must not be extended merely on ground that maximum sentence of alleged offence is up to ten years. (d) Criminal…

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