Law:

Section:

Criminal Procedure Code (V of 1898), Ss. 497(1) & 498­ Power of High Court to admit to bail accused charged with offence punishable with death or transportation for life--high Court not to examine merits prosecution case or defence for believing that accused has that accused has been guilty-Each case to he dealt will, on its own facts and circumstances High Court admitting accused to bail after considering to bail after considering medical evidence, but later, on reconsideration canceling same-Held, that bail was rightly cancelled-Materials from which belief as to guilt to be formed-Criminal Procedure Code (V of 1898), S. 210-Inquiry Magistrate not empowered to assess merits of prosecution case-Principle applies in construing S. 497(1). Held, that the High Court is not to examine the merits of the prosecution case or the plea of defence in finding whether reasonable grounds appear for believing that the accused person has been guilty. Otherwise expression of opinion about them merits of the case by the High Court may dispose of the case before the trial has started. Where there was direct evidence of the assault by the accused on deceased, what was the nature of the injuries caused by the appellants and whether they were collectively caused with the intention of causing death is for the trial Court to judge. The High Court was not competent to make an assess­ment of the medical evidence and form an opinion whether the offence committed by the accused fell under section 302 or 325, P. P. C. which presumably was the basis of the order granting bail. The order granting bail to the accused was thus not warranted in law and was rightly set aside. An application for bail is often made before the commitment proceedings have even started. What would then be the material on which the Court may form opinion "whether reasonable grounds appear"? Obviously the F. I. R., the recoveries, it' any, and the stateme;1st of the witnesses recorded under section 1 6 ; , Cr. P. C. As observed in Khalid Saigol v. The State P L D 1962 S C 495 at p. 499: Subsection (1) of section 497 evidently applies to a stage where the accused is first brought before the Court or his arrest is…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492