Law: Governor-Criminal Procedure Code (V of 1898)

Section: 497, 498

(a) Criminal Procedure Code (V of 1898), Ss. 497 & 498 Bail-Difculties in deciding bail applications-Duty of Court. Notwithstanding the availability of a plethora of authorities on matters relating to bail, it is not always easy to decide appli cations for grant or cancellation of bail in cases of murder. Normally one would expect that numerous authorities should be available to offer clear and safe guidelines on all conceivable situations in this regard, nevertheless it becomes rather proble matic for the Courts to decide bail matters at preliminary stages. The difficulties may be summarised as follows :- In the first instance the Courts are called upon to take decision in such matters at the earliest opportunity immediately after the complaint is lodged and the case is still pending investigation, their being nothing in law to prevent an accused person from moving the Court for bail even at this stage. It is on the basis of that rather meagre and insufficient material available at that stage that in the legal parlance the Courts have to give a finding as to whether "there appear reasonable grounds for belief that an accused person is guilty of an offence punishable with death or transportation for life". No doubt in the very nature of things as also suggested by the language employed, the finding has to be only tentative in nature, nevertheless, to draw an inference regarding the existence or otherwise of such reasonable grounds on the basis of the F. I. R., the medical evidence, the police statements in some cases and coupled with the final police report under section 173, Cr. P. C. in others, is by no means an easy task. The finding being provisional is, however, liable to be varied on the basis of material made available on further investi gation or enquiry. The problem becomes further aggravated because of the possibility or even probability of mis-statements, distortions and exaggeration of facts made by the complainants quite a few of whom may not have qualms of conscience so that the versions given by them could be safely relied upon. It is common knowledge that at times innocent persons have been implicated even in the dying declarations…