Criminal Procedure Code, 1973
Section 439—Regular bail—Murder case—Petitioner is not main accused for firing at the deceased nor was he present at the spot—Offence under Section 302 IPC can only rope the petitioner within its ambit once either the element of conspiracy under Section 120B IPC or common intention under Section 34 IPC is proved against him—Previous involvements of petitioner have either ended up in discharge or in acquittal or compounding or bail—Mere suspicion or apprehension of prosecution that petitioner may end up tampering with evidence or harbouring the co-accused is not sufficient or substantiated at this stage to justify the continued incarceration of petitioner—Petitioner’s presence at the scene of crime being inconclusive at this juncture can only be confirmed during trial and cannot justify prolonged incarceration of petitioner at this point of time—Investigation stands completed and charge-sheet has already been filed—Since the trial would take substantial amount of time, there would be no purpose served keeping the petitioner in custody as an under-trial—Fit case for grant of bail to the petitioner—Application allowed. [Indian Penal Code, 1860, Sections 34, 120B, 149 & 302 and Sections 25 & 27 of Arms Act]
[Paras 10 & 11]
Decision : Application allowed