Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 395,412

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), Ss.395 & 412---Bail, grant of---Further inquiry---Accused though was nominated in the F.I.R., but no role had been ascribed to him---Occurrence was unseen because if all the eye-witnesses as mentioned in the supplementary statement, had been present at the place of occurrence, and as no mention was in the F.I.R. that accused along with his accomplices, were armed, they could have very easily been apprehended by the eye-witnesses---Had the accused persons been armed, then that aspect could have been believed that they had seen the occurrence and could not apprehend them because accused persons were armed, but no such thing was on record---No description of the feature or physical appearance of accused persons had been mentioned in the F.I.R.---Had accused been identified by the eye-witnesses, then certainly they could have been identified subsequently or their names could have been mentioned in the F.I.R.---No identification parade was ever held which was a mandatory requirement of law in cases of unseen occurrence---Such lapse on the part of the prosecution certainly would give benefit to accused persons regarding their identification---Eye-witness account mentioned in the supplementary statement by two persons, revealed that they had not directly seen accused persons, rather they had stated in their statement under S.161, Cr.P.C. that they had heard from one person that accused persons were so and so---Said hearsay evidence had absolutely no significance and was not admissible in the eye of law---Recovery of stolen fabric effected from accused was not effected from him alone rather it was a joint recovery which was also effected from co-accused, meaning thereby that case of accused clearly fell within the ambit of further inquiry into his guilt for the reason that it was not exactly known as to how much fabric was recovered from accused; and it was also to be seen whether recovered fabric was exactly the one which was stolen or it was something else---Such aspect of the case also made case of the prosecution doubtful---Case of accused being of further inquiry he was admitted…

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