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 and common intention---Bail, grant of---Un-witnessed incident---Further inquiry---Scope---Accused was alleged to have murdered the complainants father with the help of an unknown accused---Alleged occurrence was un-witnessed---Total basis of allegation against the accused was suspicion of complainant and the witnesses---Suspicion, however strong, could not be considered proof of any fact---Nothing was recovered from the possession of accused---Accused had no motive to murder the deceased, with whom, according to prosecution itself, she was having an illicit liaison---Cause of death was undetermined as yet---Case of accused was covered by first proviso to subsection (1) of S.497, Cr.P.C.---Age of accused was recorded as 55/60 years---Case of accused was one of further inquiry---Requirement of law that there should be reasonable grounds to believe that the accused had committed the offence could not be prima facie established by the prosecution---Petition for grant of bail was accepted. (b) Criminal Procedure Code (V of 1898)--- ----S.497---Bail---Expression reasonable grounds to believe---Scope---Court considering a bail application has to tentatively look to the facts and circumstances of the case and once it comes to the inference that no reasonable ground exists for believing that the accused has committed a non-bailable offence, it has the discretion to release the accused on bail---In order to ascertain whether reasonable grounds exist or not, the Court was to confine itself to the material placed before it by the prosecution to see whether some perceptible evidence is available against the accused, which, if left un-rebutted, may lead to inference of guilt---Reasonable grounds are not to be confused with mere allegations or suspicions nor with tested and proved evidence, which the law requires for a persons conviction for an offence---Term reason to believe can be classified at a higher pedestal than mere suspicion and allegation---Even the strongest suspicion cannot transform in reason to believe. (c) Criminal Procedure Code (V of 1898)--- ----S.…

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