Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 324,334,114,34

(a)    Criminal Procedure Code (V of 1898)-------S. 497---Penal Code (XLV of 1860), Ss. 324, 334, 114 & 34---Attempt to commit qatl-i-amd, Itlaf-i-udw, abettor present at the time of offence, common intention---Bail, refusal of---Petitioner was charged for inflicting hatchet blow on the left arm of victim, resulting in the amputation of his left hand---In the instant case, applicant was specifically nominated in the FIR with a defined role in causing a direct hatchet blow to the left arm of victim, resulting in the amputation of his hand at the wrist---Eye-witness had fully implicated the applicant in the commission of the offence in their statements recorded under S.161, Cr.P.C., alleging that the applicant caused the said injury---Upon examination, the Medical Officer, with the assistance of Radiological Expert opinion from the Additional Medical Superintendent, diagnosed the injury as "traumatic amputation at level of left upper limb between elbow and Wrist", classifying it as "itlaf-i-udw" falling under S.334, P.P.C.---Said offence carried a sentence of up to 10 years as ta'zir---No contradiction was found between the ocular version given in FIR, and the medical evidence---Presence of eyewitnesses at the time of the incident had been duly established and justified and there was no reason to doubt the credibility of their statements---Although the court granted post-arrest bail to other named accused but the role of the petitioner/applicant differed significantly from that of the co-accused and was not similar---Therefore, the principle of consistency did not apply to the applicant's case---Allegedly, there was delay of 27 days in lodging the FIR, however a plausible explanation for the delay was available on record--Prosecution did not gain any undue advantage from the delay---Significance of the delay in lodging the report arose only when there was doubt regarding the identity of the culprit---Upon a preliminary assessment of the evidence on record, it appeared that there was a prima facie connection between the applicant/ accused and the allegations levelled against him in the case in hand---Bail petition was dismissed, in…