Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 304

Criminal Procedure Code (V of 1898) S. 498-Bail-[Murder case]-Whole investigation turning on chemical and pathological reports still awaited-No other evidence implicating accused avail able-Vague allegations made in. F. I. R. disclosing no prima facie case against accused-Accused, held, - entitled to bail in circumstances-Penal Code (XLV of 1860), S. 304. John Oni Akerele v. The King A I R 1943 P C 72 rel.   ORDER The applicant, who is a Homeopath, had given an injection to one Abdul Hamid, who was presumably his patient. As the condition of the patient deteriorated, he gave another injection, but the patient died. Therefore a case was registered against the applicant under section 304, P. P. C. In this background the applicant had applied for bail and by his order dated 20-11-1970 the Sessions Judge, Karachi granted him interim bail, and observed "Await result of post-mortem and result of chemical analysis." However, when the application was heard, by his order of 21-1-1971 he rejected the bail application. Although the interim order had very rightly contained the observation that the cause of death could not be ascertained without the post-mortem and the chemical analysis, this order of 21-1-1971 is silent about the post mortem and it expressly states that the chemical analysis would take time. However, in going back on the view taken by him in his interim order, the learned Sessions Judge appears to have been influenced by the fact that the prosecution of the applicant could not- be said "to be the result of malice or ill-will". 2. Mr. Shaikh submitted that the order of the learned Sessions Judge was perverse because even the F. I. R. failed to disclose an offence under section 304, P. P. C. The F. I. R. states that the applicant was not a registered medical practitioner and with reference to the injection given by the applicant it states that "if he (the applicant) injects, the death will occur, he injected a wrong injection and after the reaction of the injection he injected another injection which resulted in the death . . . ." The question is whether these vague allegations make out even prima facie a case under section…