Law: Criminal Procedure Code (V of 1898)

Section: 498

  Criminal Procedure Code (V of 1898)  S. 498-Bail -Accused petitioners, according to F. I. R. and eye witnesses, using fire-arms to kill victim of offence yet post-mortem examination revealing incised injuries on victim's person-Investigation report declaring petitioners to be innocent-Case, held, fit for grant of bail.                                                                                                                                   ORDER This is an application for bail under section 498, Cr. P. C. by Mansha. Yousuf and Shahdat petitioners. They are accused along with Habib and Sadiq of offences under sections 148 and 302/149, P. P. C. The facts of the case briefly are that the five accused (including the three petitioners) armed themselves with fire-arms and in prosecution of the unlawful assembly that they had formed, they attacked and caused the dead? of Ghulam Abbas deceased. The allegation against Habib co-accused and Sadiq (absconder) is that they had fired at the deceased while the allegation against the present three petitioners is that they merely aimed their firearms at the deceased and Yousuf petitioner is also said to have raised a lalkafa. There, were two successive investigations in this case. In the first investigation the police found the three petitioners to be innocent. The second investigation was then ordered at the request of both the parties. In the report dated 5-6-73 submitted by the second Investigating Officer they were again declared to be innocent. Another report was, however, sub mitted on the next day in which all the five persons were recommended for challan. The D. S. P. concerned had also gone through the case as some respectables of the village had stated that only Habib and Sadiq were in fact responsible for the murder. The D. S. P. expressed the view that if Habib makes a…