17/04/2023
2023 SCMR 734
Dacoity , wrongful confinement , criminal intimidation --- Bail , grant of --- Further inquiry -- Crime report was lodged after a lapse of nine months and sixteen days --- Only explanation given by the complainant for such delay was that he was himself trying to find the robbed . property , and when he got to know that it was the accused who had allegedly robbed his car , he approached him to return his property and on his refusal he lodged the crime report --- Such explanation could not be accepted --- Case record was silent as to on which date , the complainant got the information and when did he approach the accused --- Nothing was on record to indicate as to why the accused kept mum for such a long period of time and did not even bother to inform the Police --- No recovery had been affected from the accused despite of the fact that he remained with the police on physical remand for a considerable period of time --- Accused was behind the bars for the last more than five months --- Accused , had made out a case for bail as his case squarely lapse of nine months and sixteen days --- Only explanation given by the complainant for such delay was that he was himself trying to find the robbed . property , and when he got to know that it was the accused who had allegedly robbed his car , he approached him to return his property and on his refusal he lodged the crime report --- Such explanation could not be accepted --- Case record was silent as to on which date , the complainant got the information and when did he approach the accused --- Nothing was on record to indicate as to why the accused kept mum for such a long period of time and did not even bother to inform the Police --- No recovery had been affected from the accused despite of the fact that he remained with the police on physical remand for a considerable period of time --- Accused was behind the bars for tfell within the purview of section 497 ( 2 ) , Cr.P.C. entitling for further inquiry into his guilt , which even otherwise did not fall within the prohibitory clause of section 497 , Cr.P.C --- Petition for leave to appeal was converted into appeal and allowed , and accused was admitted to bail . 2023 SCMR 734
Dacoity , wrongful confinement , criminal intimidation --- Bail , grant of --- Further inquiry -- Crime report was lodged after ahe last more than five months --- Accused , had made out a case for bail as his case squarely fell within the purview of section 497 ( 2 ) , Cr.P.C. entitling for further inquiry into his guilt , which even otherwise did not fall within the prohibitory clause of section 497 , Cr.P.C --- Petition for leave to appeal was converted into appeal and allowed , and accused was admitted to bail .
