Law: Criminal Procedure Code (V of 1898)

Section: 497, 498

(a) Criminal Procedure Code (V of 1898) Ss. 497 & 498-Visualizing that accused would be awarded punish ment lighter than that of transportation for life, if found guilty- Not possible in circumstances of case-Bail application rejected. Amir v. The State 1973 P Cr. L J 205 distinguished. (b) Criminal Procedure Code (V of 1898)  S. 498-Bail-Opinion expressed in bail order-Tentative and not determinative-Not applicable or attracted to decision stage of case. The opinions expressed in bail matters are always in the context of the arguments raised at "the bail stage" and are, in their very nature, not applicable or attracted to the decision stage of the case because at that stage the evidence having been recorded the case has to be decided on the basis of evidence and not on the basis of any opinions expressed in bail orders. They always remain tentative and, not determinative in character.                                                                                                           ORDER This is a petition for bail in a case of attempted murder. Learned counsel has tried to argue that the learned Additional Sessions Judge, while refusing bail, has not kept in view the principle that bail is not to be refused as a punishment. I does not agree with the learned counsel that the learned Judge, while using the word "grim", in fact refused bail as a punishment. What he probably meant was that there are strong circumstances which indicate that reasonable grounds exist to believe that the petitioner has committed the offence he is accused of. 2. When confronted with the above position, learned counsel is unable to satisfy me that the grounds do not exist. On the other hand, he has tried to argue on the basis of a judgment by me in another case Amir v. The State (1973 P Cr. L J 205) that if maximum sentence of transportation for life cannot be visualised as a possible…