Law: Criminal Procedure Code (V of 1898)

Section: 497, 498

Law: Penal Code (XLV of 1860)

Section: 302

  Criminal Procedure Code (V of 1898)    S. 497/498-Bail after commitment-Contention that statements of prosecution witnesses before Enquiry Magistrate detract from strength of prosecution story and its benefit should go to accused at least at bail stage-Held, appraisal of evidence is function of trial Court-However, circumstances indicating room for further enquiry, bail granted to accused in circumstances-Penal Code (XLV of 1860), S. 302.                                                                                                                                 JUDGMENT The petitioner alongwith Abdul Haq, his co-accused, has been committed to stand his trial under section 302, P. P. C. The evidence is that the deceased, his brother Ghulam Rasul, who is the first informant in this case and Munshi, who has appeared as P. W. 4 before the learned Magistrate, were sleeping when the petitioner came there armed with a rifle alongwith Abdul Haq, who was armed with a barchhi. 'The petitioner fired at Ramzan, deceased, where after the miscreants took to their heels. Ramzan died there and then. 2. At the enquiry Ghulam Rasul stuck to the contents of the F.I.R. His brother Rafiq who had identified the dead body of the deceased, stated that he and Ghulam…