10/08/2020
2020 M L D 847
Criminal Procedure Code (V of 1898)---
----S. 497(2)---Penal Code (XLV of 1860), Ss. 269, 270 & 337-J---Negligent act likely to spread infection of disease dangerous to life, malignant act likely to spread infection of disease dangerous to life, causing hurt by means of poison---Bail, grant of---Further inquiry ---Recovery of Gutka weighing 1200 grams and Mawa 400 grams from accused--- Admittedly, as per FIR, incident occurred at bus stand where people were present but the prosecution failed to associate any person so approached to become witness of recovery and incident, violating S. 103, Cr.P.C.---Prosecution did not mention if accused was seller or acting on behalf of seller and/or purchaser of Gutka---Recovered material being easily available in the market could be used for mala fide intention---Sections 269 & 270 were bailable, ingredients of S.337-J showed that the same were yet to be determined, which could only be done at trial after recording of evidence---Accused had made it a case of further inquiry---Accused was admitted to bail, in circumstances.