Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898) S. 497-Bail, grant of-Petitioners, accused of murderous assault, in Jail for over one year but trial not yet commenced nor likely to commence in near future due to backlog of murder cases pending in Sessions Court-Bail allowed, in circumstances.                                                                                                                                                  ORDER The applicants, who are constables of the F. S. F. are accused in a case under section 307/394/34, P. P. C. The prosecution case against them is that on 20thOctober, 1976 at about 6 p.m. they attacked their colleague Fakhruddin and caused him knife injuries and also snatched a watch and gold-ring from him. His application for bail has been rejected by the Sessions Court below. Mr. Abdul Alim K. Talib, learned counsel for the applicants contend ed that even if the prosecution case was assumed to be correct this would not be a case of section 307, P. P. C. but would at best be a case under section 324, P. P. C. as the injuries on the injured Fakhruddin have all been declared simple by the Doctor, none of them having been caused on vital part, and therefore this was a fit case for release of the applicants on bail. Learned counsel next contended that although the offence took place more than a year ago, the trial has not yet commenced and is also not likely to commence in the near future due to back log of murder cases pending in the Sessions Court. Mr. A. Sattar Shaikh, learned Assistant Advocate-General stated that even if he were to agree that the case…