Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Penal Code (XLV of 1860)

Section: 302(b), 34

(a) Criminal Procedure Code (V of 1898) S. 497---Penal Code (XLV of 1860), Ss. 302(b) & 34---Qatl-i-amd, common intention---Bail, grant of---Further inquiry---Allegation against the accused-applicant was that he along with others committed murder of the brother of complainant by firing---Murder of deceased remained un-witnessed---On same set of evidence, the nominated accused persons were granted bail and after full-fledged trial they were acquitted of the charge by the Trial Court; whereas co-accused was also discharged during course of investigation---There was no direct evidence available in this case connecting the applicant in the alleged murder---Prosecution mainly relied upon the alleged confession made by the applicant before the Police---Mere abscondence of an accused is not conclusive proof of his guilt; it is only a suspicious circumstance against an accused that he is found guilty of the offence which cannot take the place of evidence; the value of abscondence, therefore, depends on the facts of each case---Abscondence is supporting evidence of the guilt of the accused, which is to be decided keeping in view the facts of the case---Mere abscondence is no ground to decline bail if, otherwise, the case of the accused is fit for bail on merits---Criminal trial's object is to make the accused face the trial and not punish an under trial prisoner for the offence alleged against him---Basic idea is to enable the accused to answer the criminal prosecution against him rather than rot behind bars---Bail cannot be withheld as punishment on an accusation of non-bailable offences against an accused---Application for bail was allowed, in circumstances. (b) Criminal Procedure Code (V of 1898) S. 497---Bail order---Observations of the Court---Scope---Observations, if any, made in bail order shall not influence the case's merit at the trial.        Date of hearing: 24th January, 2025.                                                                    …