Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 302, 34

Law: Code of Criminal Procedure, 1898

Section: 497, 498

(a) Criminal Procedure Code (V of 1898)  S. 498 --- Penal Code (XLV of 1860), Ss 302 & 34--- Qatl-i-amd, common intention --- Pre-arrest bail , grant of --- Incriminating material against accused, insufficiency of---Tentative assessment of evidence at bail stage --- Scope --- Accusation against the petitioner / accused was that he administered poisonous sweets to the sister of complainant, who later on died during treatment in the hospital--- Submission of the petitioner /accused was that initially, he had been charged with an offence of S.322, P.P.C, but subsequently the Magistrate disagreed with the investigation report and added S.302, P.P.C, in the charge sheet--- Held: Prima facie, there was a delay of 3 days in lodging the FIR of the alleged incident--- The name of the petitioner appeared in the FIR with the role of administering the deceased poisonous sweets, yet submission of the petitioner (that initially, he had been charged with an offense of S.322, P.P.C) required further deliberation whether S.302, P.P.C, was attracted or S.322, P.P.C, was attracted ---Though, one young lady had lost her life due to the consumption of intoxicant material i.e benzodiazepines poison as opined by the Medico-Legal Officer vide his report, however, the fate of pre-arrest bail application was also to be decided within the framework and the guidelines of S.498, Cr.P.C. --- Besides, the liability of the petitioner or charges leveled against him could only be determined by the Trial Court after recording and evaluating the evidence ---At the bail stage, deeper appreciation of the merit of the case cannot be undertaken and only a tentative assessment of the material available is to be made --- Court below erred in appreciation of the law on the subject while rejecting the bail of the petitioner in the subject FIR---Pre-arrest bail was granted to the accused, in circumstances. (b) Criminal Procedure Code (V of 1898) Ss. 497 & 498---Bail , grant / refusal of ---Material before the Court ---Appreciation of evidence at bail stage --- Courts of law are under a bounded duty to entertain a broader interpretation of the law of bail while interpreting material placed…