Criminal Procedure Code, 1973
Section 439—Bail—Rejection of application by High Court—Appeal—FIR registered under Sections 147, 148, 149, 323, 302, 307, 336, 341, 451, 506 and 120B of IPC and Sections 3, 25 and 27 of the Arms Act—Submission that no fire arm injury has been attributed to the appellant even by the injured witness, who has not stated in his statement that the appellant had fired his gun at him, although, it may have been so recorded in the FIR—Further submission that there are as many as 96 witnesses to be examined and the appellant has been in jail for the last about seventeen months, the trial would be inordinately delayed—Appellant also drew the attention of the present court to the orders passed by it whereby co-accused were released on bail and it is submitted that similar relief may be granted to the appellant—Considering the facts on record, the case for bail is made out—Appeal allowed.
[Paras 7 to 10]