Law: Criminal Procedure Code (V of 1898)

Section: 497,439

Criminal Procedure Code (V of 1898)------   ----S. 497 read with S. 439 - Order granting bail - When can be revised by High Court.   The order of the Additional Sessions Judge granting bail can be revised only if the High Court is satisfied that the discretion has not been exercised with proper care, or the case is otherwise an exceptional one. The section (section 497, Cr. P. C.) governing bail speaks only of reasonable grounds and not of evidence. In the exercise of this discretion the Court is not called upon to conduct a preliminary trial of the case and consider the probability of the accused's guilt or innocence. The Court has only to look at the weight of the evidence against the accused persons to see whether there were reasonable grounds for believing that they had been guilty of an offence punishable with death or transportation for life.   The intention of the section appears to be that the Court has to enquire whether or not the release of the accused person will lead to a real danger of his absconding and not appearing to stand his trial and whether or not there is any real reason to suppose that the accused person is likely to tamper with the witnesses who would be called against him. The Court, in its discretion while granting bail to an accused person, is required in law to make sure that there are not "real" dangers of abscondence and tampering with the prosecution witnesses by the accused person. In the event of any such apprehension, the matter should be brought to the notice of the Court that has allowed the bail, and the question whether or not the apprehension is real one or imaginary can be adequately gone into by that Court.   Date of hearing : 22nd March 1966.    ORDER   A case under sections 302/148/149, P. P. C. against the eight respondents is pending enquiry in the Court of a Magistrate at Kamalia. Two more persons .who are absconding were charged along with the eight respondents in the F. I. R. The eight persons were allowed bail by the Additional Sessions Judge inter alia on the ground that no specific part had been ascribed to respondents 1 to 5, and that there was no gun shot…