Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 269,270,337-J

Criminal Procedure Code (V of 1898)--- ----S. 497---Penal Code (XLV of 1860), Ss. 269, 270 337-J---Negligent act likely to spread infection of disease dangerous to life, malignant act likely to spread infection of disease dangerous to life, causing hurt by means of a poison---Bail, grant of---Further inquiry---Recovery of 98 Puries (packets) of Mawa/Gutka---No private witness had been associated in spite of prior spy information received during patrolling and that the alleged shop from where the accused was arrested along with alleged Mawa/Gutka was situated in a populated area---Delay in sending the representative part for chemical examination which (delay) would also be required an explanation by prosecution---Whole case of the prosecution was based upon the evidence of police officials, therefore, no question arose for tampering the same at the hands of accused---Case had been challaned---Accused was no more required for investigation---Sections 269 270, P.P.C. were bailable and the punishment also did not fall within the prohibitory clause of S. 497, Cr.P.C.---Alleged hazardous/poisonous substance recovered from the possession of accused was not administered to anybody at the hands of accused, it could not be said that the accused was responsible for causing hurt through administration of poisonous material to anybody---Nothing was available on record to show that accused was selling the Gutka/Mawa, as no evidence for any purchaser existed---No purchaser was arrested at the time of incident and no purchase money had also been recovered---Accused had been in continuous custody since his arrest and was no more required for any purpose of investigation nor the prosecution had claimed any exceptional circumstance which could justify keeping the accused behind the bars for an indefinite period---Prosecution had not claimed that the accused was previously involved in same nature of cases--Nothing on record that accused was previously convicted in any case---Prima facie, accused had succeeded to bring his case within the purview of subsection (2) of S. 497, Cr.P.C.---Accused was admitted to bail, in circumstances. ORDER ABDUL MAALIK GADDI, J. accused seeks bail in…

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