Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 302/324/34

(a) Criminal Procedure Code (V of 1898)---   ----S. 497(2)---Penal Code (XLV of 1860), Ss.302/324/34---Bail in the matter of an accused involved in a non-bailable offence---Considerations to be kept in view by the Court---Mere filing of affidavits for establishing the plea of alibi would not constitute a ground for bail either before the Investigating Officer or the out---Plea of alibi has to be established before the Trial Court.   To consider a bail matter of an Accused involved in a non¬ bailable offence, if there appear reasonable grounds for believing that he is guilty of an offence punishable with death or imprisonment for life, he shall not be released on bail unless the case is covered by any of the provisions under subsection (1) of section 497, Cr.P.C. But if it appears to the Court at any stage of the investigation, inquiry or trial, as the case may be, that there are no reasonable grounds for believing that the accused has committed a non-bailable offence but there are sufficient grounds for further inquiry into his guilt, the accused shall be released on bail under subsection (2) of section 497, Cr.P.C. The power conferred by section 497, Cr.P.C. is not arbitrary power. It has to be exercised by reference to material placed before the Court and as to what that material shall be. The material would consist of accusation made in the report to the police, nature and credentials of evidence with the prosecution proposed to lead in the case and all such relevant circumstances surrounding the evidence.   At the bail stage a deep scrutiny of evidence ocular or circumstantial is neither possible nor desirable. The close scrutiny of evidence is only possible and admissible after the statements of witnesses are recorded at the trial and they are subjected to cross-examination. At the bail stage if that is a matter which, if remains un-rebutted, prima facie, connects the accused person with an offence punishable with death or imprisonment for life, he must be refused the concession of bail.   Mere filing of affidavits for establishing the plea of alibi would not constitute a ground for bail either before the Investigating Officer or the…

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