IKRAM-UL-HASSAN vs State S — 2023 YLR 485 HIGH-COURT-AZAD-KASHMIR

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IKRAM-UL-HASSAN VS State S. 497---Penal Code (XLV of 1860), Ss. 465, 466, 467, 468, 471, 409, 419 & 420---Prevention of Corruption Act (II of 1947), S. 5---Forgery---Criminal mis-conduct---Bail, refusal of---Scope---Allegations levelled against the accused persons pertained to preparing fake documents, making forged entries in record, misappropriation of a huge amount from Government treasury and fixing stamps and signs of different persons including Sub-Registrar---Principal accused was the registration clerk in the office of Sub-Registrar who had misused his assignment---Characters of accused persons had become apparent after investigation and specific roles had been attributed to them, which were corroborated by documentary evidence as well as statements of witnesses recorded under S. 161, Cr.P.C.---Offence with which the accused persons were charged fell within the prohibitory clause of S. 497, Cr.P.C.---In such like cases refusal of bail was a rule and acceptance was an exception---Accused persons had failed to point out any special feature which could bring their cases in any of the exceptions---Accused persons had also failed to substantiate that their involvement in the cases was a product of mala fide or ill-will on the part of complainants or investigation agency---Case of one of the accused persons was different from others as he was only a marginal witness of power of attorney and he was not involved in other chain of offences, as such, he was admitted to bail---Bail applications of other accused persons were dismissed. Citation Name: 2023 YLR 485 HIGH-COURT-AZAD-KASHMIRBookmark this Case IKRAM-UL-HASSAN VS State S.497---Bail---Tentative assessment---Scope---Neither proper nor permissible for the Court at the bail stage to dive deep into the merits of the case rather only tentative assessment of the material collected by the investigating agency has to be made. Citation Name: 2023 YLR 485 HIGH-COURT-AZAD-KASHMIRBookmark this Case IKRAM-UL-HASSAN VS State S. 497---Bail---Further inquiry---Scope---Plain reading of S. 497, Cr.P.C. shows that no Court is empowered to release an accused on bail on the ground of further inquiry without first coming to the conclusion that there are no reasonable grounds for believing that the accused has not committed non-bailable offence, hence, for making the case of further inquiry, there is no hard and fast rule because each case will turn on its own peculiar facts and circumstances.

IKRAM-UL-HASSAN vs State S — 2023 YLR 485 HIGH-COURT-AZAD-KASHMIR

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