Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302,34

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd, common intention---Bail, grant of---Further inquiry---Allegation in the FIR was that two unknown persons committed murder of son of complainant---Widow of deceased endorsed the said allegation at the time of lodging FIR---Widow of deceased, on belated stage, recorded her statements under S. 161 and S. 164, Cr.P.C. and charged the accused along with another unknown person for qatl-i-amd of her husband due to dispute over property between the deceased and accused---Complainant later on, refuted allegation of widow of deceased against the accused and implicated widow of deceased and her two brothers in the commission of offence through her supplementary statement, and mentioned that brothers of widow of deceased owed rupees five/six lac to deceased---Brothers of widow committed murder of deceased in order to escape the liability of repayment of out-standing amount---Said three accused had been released on bail on the grounds that they were not named in FIR and were charged on belated stage; that nothing incriminating was recovered from their possession to prima facie connect them with the commission of offence and that nothing was available on record in support of alleged monetary dispute of accused persons with the deceased---Accused was also not named in the FIR and was charged subsequently---Investigating Officer had not brought anything on record to prove dispute over property between the accused and deceased, as such accused was also entitled to the concession of same relief---Circumstances suggested that case of accused not only fell within the category of further inquiry but he was no longer required for investigation---Accused was granted bail in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 302 & 34---Qatl-i-amd, common intention---Bail, grant of---Two sets of accused in one case---Grant of bail to one set of accused in the same case on the basis of one version and refusal of bail to another accused on the basis of another version was something beyond comprehension---Bail was granted to…

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