Law: Criminal Procedure Code (V of 1898)

Section: 497(1)

Law: Penal Code (XLV of 1860)

Section: 302,324,365,392,147,148,149,109

Criminal Procedure Code (V of 1898)--- ----S. 497(1), third proviso---Penal Code (XLV of 1860), Ss. 302, 324, 365, 392, 147, 148, 149 & 109---Qatl-i-amd, attempt to commit qatl-i-amd, kidnapping or abducting with intent to confine person secretly and wrongfully, robbery, rioting armed with deadly weapon, unlawful assembly---Bail, refusal of---Statutory ground of delay in conclusion of trial---Not applicable---Hardened criminal---Allegation against the petitioner was that he, along with co-accused persons, disguised in army uniform, armed with deadly weapons, intercepted a car and unboarded the persons sitting in the said car and by means of firing murdered two persons and injured three; then abducted remaining two persons who were later murdered by slaughtering them in nearby mountains---Validity---Contents of the FIR and the statements of eye-witnesses recorded under S. 161 of Criminal Procedure Code, 1898 ('the Cr.P.C., 1898') revealed that the petitioner had been specifically assigned the role of firing upon the deceased as well as injured persons; he had been charged with heinous offences which were non-bailable in nature having been done in pre-planned manner---As such, the third proviso of subsection (1) of S. 497 of the Cr.P.C, 1898, was not attracted to the present case as considering bail on statutory ground was not available to hardened, desperate or dangerous criminal---Record (diaries of the Trial Court) reflected that the matter had been adjourned for various reasons; initially due to pandemic Covid-19; due to defence counsel seeking many opportunities to cross-examine despite presence of prosecution witnesses; transfer of the case to other district owing to threats to prosecution witnesses as well as lack of security arrangements for the petitioner being a hardened criminal---Only on a few dates, the case was adjourned due to non-presence of prosecution witnesses, therefore, statutory ground was not attracted in the present case---Statements of the private witnesses had already been recorded and only official witnesses were left to be produced, thus there was likelihood that trial would be concluded in a reasonable time---No case for the…

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