Law:

Section:

(a) Criminal Procedure Code (V of 1898)------S. 497---Bail application---Court at the time of hearing of bail application is supposed to do tentative assessment of the material available on the record--Trend that eye-witnesses take a somersault and give statements which were different from prosecution case and file affidavits at the stage of hearing of bail application with the intention of creating doubt in the prosecution case to enable accused to get the bail was deprecated by Supreme Court with the observation that Courts have to be very careful in such cases and see that bail applications are disposed of strictly according to law on merits keeping in view the distinction between tentative assessment and actual evaluation of evidence by the Trial Court---Mind of the Court has to be satisfied where about-turn of some of the eye-witnesses in such a manner shakes up the whole prosecution case from the point of view of credibility of the remaining material---Each case, in such a situation has to be decided on its own merits. At the time of hearing of bail application Court is supposed to do tentative assessment of the material available on the record, which is different from final appraisement and evaluation of evidence which is to be done by the trial Court which has to record evidence of witnesses. A trend has developed nowadays that eye-witnesses some times take a somersault and give statements which are different from prosecution case and some times file affidavits also at the stage of hearing of bail applications of accused persons with the intention o1 creating doubt in the case of prosecution to enable the accused to get bail. The Courts have to be very careful in such cases and see that bail applications are disposed of strictly according to law on merits keeping in view the distinction between tentative assessment and actual evaluation of evidence by the trial Court. It is the mind of the Court which is to be satisfied where about-turn o1 some of eye-witnesses in manner stated above shakes up the whole prosecution case from the point of view of credibility of the remaining material. In that respect each case is to be decided on its own merits. (b)…

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