Law:

Section:

(a) Evidence Act (I of 1872)- .-- S. 7 read with Criminal Procedure (W61 (V of 1898), S. 498-'Bail-Contention that while refusing bail 'Consideration was not given to fact of one of prosecution witnesses, h1legedly the only independent witness, having exonerated accused from liability in his statement under S. 164, Criminal Procedure Code; 1898, and petitioners therefore deserved to be released on bail-Prosecution witness appearing to have been harassed and subjected to murderous assault to compel him to resile from his stand before Police and to disown his statement under S. 161, Criminal Procedure Code, 1898 and make a statement favouring defence-Sole question circumstances for consideration circumstances under which statement' under S. 164 made-Court, held, obliged to consider such circumstances under S. 7, Evidence Act, 1872-Witness having been compelled to make statement under S. 164, ground raised for release on bail not -available.-Criminal Procedure Code (V of 1898), S. 164, (b) Criminal Procedure Code (V of 1898)- S. 497/498-Bail--Delay-One of, accused filing application for transfer of case and thereafter a co-accused not appearing in Court necessitating proceedings for proclamation of such accused as absconder Some amount of delay in circumstances, unavoidable Prosecution alone, held; could not be blamed for delay in circumstances and accused not entitled to bail on ground of such delay.[Delay]. (c) Criminal Procedure Code (V of 1898)- -- S. 497/498-Bail-Review-Court not entitled to review its own finding of fact or law unless any important fact on record omitted from consideration or as result of further inquiry, investigation, or trial any further material brought on record.-[Review (criminal)]. (d) Criminal Procedure Code (V of 1898)- -- S. 497-Bail-Jurisdiction under S. 497-Exercisable by Court at any stage of inquiry, investigation, or trial with reference to facts on record at respective stage of trial-Court entitled to take into consideration fresh material and entertain fresh bail applications necessitated by fresh developments, investigation, evidence etc. and to enlarge accused on bail notwithstanding bail having been refused in past. (e)…

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