Law:

Section:

(a) Criminal Procedure Code (V of 1898) S. 497 Penal Code (XLV of 1860), Ss.302/324/337/147/148 & 34 Bail, grant of Murder Duty of Court Court, at bail stage was not expected to go into the deeper and meticulous appreciation of evidence on record While deciding a bail application, the Court had to make a tentative assessment of the material available on record and to reach a conclusion without expressing itself with regard to the guilt or innocence of the accused person as that function rested upon the Trial Court which opinion it had to form after the conclusion of the trial and at the time of appreciation of evidence Material that a Court of law had to look into for the purpose of disposal of bail application, was the contents of F.I.R., the statements recorded under S.161, Cr.P.C., medical report, the defence plea, if any, the attending facts and circumstances of each case and several other circumstances Court of law could not decide a bail matter in vacuum. (b) Criminal Procedure Code (V of 1898) S. 497 Penal Code (XLV of 1860), Ss.302/324/337/147/148 & 34 Bail, grant of Civil litigation regarding disputed piece of land was pending between the parties Counter F.I.R. was lodged by accused against complainant party alleging that complainant party attacked accused when accused were sowing seeds in disputed piece of land Salient features of both cross F.I.Rs. being the same, cross version put forth by accused party had some sort of substance in it and it was yet to be enquired into as to out of both the parties, who was aggressor and who was aggressed upon Finding of Investigating Agency was that .12 bore gun which was snatched away during course of occurrence and was subsequently produced by the accused belonged to father of complainant with which fire was shot During investigation many respect-ables of the locality had narrated that complainant was armed with pistol As to how the occurrence exactly started was still hidden in mystery Investigation of Police had suggested that there might have been exchange of stones between the parties and then using of sticks from both the sides which led to the inference that occurrence had not taken place precisely…

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