Post-arrest bail

--- S. 497 --- Bail --- Prohibitory clause --- Scope --- Where there appear reasonable grounds to believe that the accused has committed an offence punishable with death or imprisonment for life, the case falls within the prohibitory clause of Section 497, CrPC.

--- S. 497 --- Bail --- Prohibitory clause --- Scope --- In cases falling within the prohibitory clause, the grant of post-arrest bail is restricted to the exceptions enumerated therein, namely: (i) under the first proviso to section 497(1), CrPC, where the accused is a woman, minor, or a sick or infirm person; (ii) under the third proviso to Section 497(1), CrPC, where there is an unreasonable delay in the conclusion of the trial, not attributable to the accused; and (iii) under Section 497(2), CrPC, where the case requires further inquiry into the guilt of the accused.

--- Ss. 497 & 164 --- Penal Code (XLV of 1860), Ss. 302 & 34 --- Qanun-e-Shahadat (10 of 1984), Arts. 16 & 129(b) --- Qatl-i-amd and common intention --- Confessional statement of co-accused --- Independent incriminating material available --- Bail, refusal of --- Scope --- Where accused is nominated in FIR and also implicated in confessional statement of co-accused with specific role --- Evidentiary value of such a statement is to be determined by trial court, however, at bail stage a tentative assessment is permissible only if the confessional statement is corroborated by independent incriminating material available on record --- Recovery of weapon and blood-stained articles on pointation of accused constitutes independent incriminating material --- Such recoveries prima facie corroborate confessional statement and connect accused with offence.

--- S. 497 --- Bail --- Rule of consistency --- Parity --- Distinguishable role --- Rule of consistency applies only where role and incriminating material are similar and identical --- Where role attributed and nature of incriminating material are different, case is distinguishable --- Benefit of parity cannot be extended.

--- S. 497 --- Penal Code (XLV of 1860), Ss. 302 & 34 --- Qatl-i-amd and common intention --- Delay in lodging FIR --- Bail, refusal of --- Mere delay in lodging FIR is not by itself sufficient to create doubt where delay stands “satisfactorily explained” --- Delay attributed to post-mortem and burial formalities does not justify grant of bail where sufficient incriminating material is available.