Criminal Procedure Code, 1973
Section 167(2)—Default bail—Murder case—Question as to whether investigation was incomplete when the right of default bail under Section 167(2) of CrPC had accrued to the petitioners—Unlike in cases under the NDPS Act where FSL report/Chemical Examiner's report is required for positive determination of substance recovered in order to ascertain whether an offence has been committed or not, for offences under the IPC, the statements of complainant and witnesses, including injured witnesses, form the foundation of case of prosecution, and other evidence including medical evidence would at best be corroborative pieces of evidence—Mere non-receipt of viscera report alone would neither render the investigation incomplete nor render the Magistrate unable to take cognizance; moreso when the case is based on eye witness account wherein the identity of deceased is not in dispute and furthermore, the manner in which the injuries were allegedly inflicted upon him also stands detailed in the FIR in question—Merits of case cannot be gone into while deciding a petition under Section 167(2) of CrPC—No merit found in submissions of the petitioners—Petition dismissed.
[Paras 12, 13 & 16]