Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Penal Code (XLV of 1860)

Section: 302,109,114,148,149

Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss. 302, 109, 114, 148 & 149---Qatl-i-amd, abetment, abettor present when offence was committed, rioting armed with deadly weapon, unlawful assembly---Pre-arrest bail, cancellation of---Respondent (accused), as was evident from record, was not ascribed the role of actively participating in the murder incident but was saddled with the allegation of having abetted the crime---Material collected by the police, prima facie, connected respondent with the commission of crime for the limited purposes of instant petition for cancellation of bail---Impugned order, upon its perusal, was found to be in eternal silence regarding the existence of some mala fide or sinister design behind the implication of accused/respondent in the case which was sine qua non for extending the extra ordinary concession of pre-arrest bail to an accused, more importantly if some material to connect him with the commission of crime was available on record---Existence of mala fide for falsely implicating an innocent person in the case could be gathered from circumstances and even by the documentary evidence--- Pre-existing rivalry or enmity of a long or short duration, personal vengeance or grudge out of some financial, political or severe family rift gives clue about the possible mala fide or sinister design behind the false implication of an innocent person in the case---After having perused the record of present case with utmost circumspection, nothing as such was found emerging, which might give traces of some mala fide against the respondent---Even otherwise, if at all the family of deceased had some personal axe to grind with respondent, he would have been named in the crime report at the very inception of the case---Offences of abetment and criminal conspiracy hailed from the genesis of the crime, wherein collection of direct evidence was nothing less than a hard nut to crack---Abetment is always correlated with the main crime, whereas criminal conspiracy is an independent offence and in both of them the delinquents make sure to maintain secrecy---Culpability of accused in reference to the charge of…

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