Criminal Lawyer, Attempt to commit qatl-i-amd, -Bail, cancellation

2019 Y L R 541

Granted Bail was Recalled.

Best Case Law For Criminal Lawyer

Accused was admitted to bail in second round of bail applications, moved in short span of time—
Petitioner/complainant contended that Sessions Court had wrongly granted bail to the /accused by holding that as challan had been submitted, the accused was previously non-convict and allegation against him required further inquiry—Respondent contended that in his case further inquiry was needed as injury attributed to him was covered by 337-F(iv), P.P.C. instead of 324, P.P.C.—Record revealed that Sessions Court rejected the bail application of the accused seventeen days before the passing of the impugned order—Same Sessions Court had allowed bail to the accused shortly after dismissal of bail application of the accused without change of circumstances in which he was refused bail earlier—Ground of further inquiry could only be considered when the Court taking cognizance of matter came to conclusion that reasonable ground existed that accused had not committed a non-bailable offence—Allegation against the accused was that he fired three shots with .30-bore pistol which hit at the right leg of the victim—Allegation was supported by medico-legal report pertaining to the victim and statements of the witnesses recorded under S. 161, Cr.P.C.—Specific role of firing shots by .30-bore pistol had been ascribed to the accused which prime facie
connected him with the commission of offence—Where the act of accused prima facie depicted intention of launching a murderous attack, bail could not be granted—Previous non-conviction and mere filing or non-filing of the challan per se was not to be considered a fresh ground for
considering the plea of the accused to be released on bail—Fact that the case against the accused did not fall in the ambit of prohibitory clause of S. 497,Cr.P.C. did not make out a case for grant of bail—Shariat Appellate Bench of High Court recalled the bail granted to the petitioner by
the Sessions Court, in circumstances.

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