Law: Criminal Procedure Code (V of 1898)

Section: 498

  (a) Criminal Procedure Code (V of 1898), S. 498-Bail hI, under-Free fight between two parties resulting in death of one person-Some accused carrying dangs and some hatchets but only blunt side of hatchets used and injuries on deceased's head also caused by blunt weapon-Determination as to who caused injuries resulting in death not possible in circumstances-Held: Mere fret of accused-applicant's carrying hatchers would not disentitle them to hail----Culpability of each assailant may ultimately be found to he only individual----Penal Code (XLV of 1860), S. 302/34. (b) Criminal Procedure Code (V of 1898), S. 498-Bail One out of several accused already released on hail by High Court Petition for leave to appeal against order granting bail filed in Supreme Court---Bail applications of other accused, held, could not he postponed merely because petition for leave to appeal Pending in Supreme Court. (c) Criminal Procedure Code (V of 1898), Ss.497 & 498- Bail--Committal of accused to Sessions Court-Does not per se bar consideration of question whether reasonable grounds exist for believing that accused was guilty of offence punishable with death or transportation for life- Magistrate's opinion as to prima facie nature of case-Cannot have binding effect on superior Courts. The commitment per se is no bar to a consideration of the question under subsection (1) of section 497, Cr. P. C. whether or not there appear reasonable grounds for believing that the accused person has been guilty of an offence punishable with death or transportation for life. Due weight, of course will be given to the commitment order while deciding the question involved under subsection (1) of section 497, Cr. P. C., but the order of commitment cannot be held to be binding on the High Court in that matter. The nature of the jurisdiction in the com mitment proceedings as explained in various pronouncements of the Supreme Court, is such that the trial is normally to be held by another superior Court. Therefore, the Magistrate's opinion as to the prima facie nature of the case cannot have a binding effect on the question of the determination as to the reasonable grounds for…