Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Penal Code (XLV of 1860)

Section: 324/337-F(v)

Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Penal Code (XLV of 1860), Ss.324/337-F(v)---Bail, cancellation of---Medical report showed that injury attributed to accused having caused fracture, S.337-F(v), P.P.C. was added into the F.I.R.---Accused though remained in jail for four months, but that was not an unusual time in cases which fell within the prohibitory clause of S.497, Cr.P.C.---Commencement of trial itself, was not sufficient consideration for granting bail in offences which were covered by prohibitory clause of S.497, Cr.P.C.---Trial Court had totally ignored the fact that at bail stage only a prima facie view or appreciation of . evidence was contemplated under the law---Incriminating material present on record included Medico-legal Report and other Expert opinion which had shown that the injury was caused to the injured by a fire of pistol directly and unequivocally attributed to accused---Pistol, the weapon of offence itself, was recovered from accused---All that material was sufficient, prima facie to connect accused with the commission of the offence alleged in the F.I.R.---When a bail was granted, it could only be cancelled on strong and exceptional grounds, which included a bail granting order passed in disregard of known principles and norms of law on the subject, or when the bail granting order was erroneously and factually incorrect---Trial Court was not justified to observe that nature of injury on the person of injured was not known or had not been established by the prosecution---Record had clearly shown that injured was caused a grievous injury which also caused fracture---Bail could also be cancelled when fresh material had been brought on the record---F.I.R. was initially registered under S.324, P.P.C., but subsequently S.337-F(v), P.P.C. was also incorporated---Accused had fired five shots, one of which had hit the injured on his leg---Trial Court, in circumstances, did not notice all the relevant circumstances while granting bail---Grounds and reasons narrated by the Trial Court seemed fanciful and arbitrary, which were also in conflict with the record---Order granting bail passed by the Trial Court, was set aside. ORDER…

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