1992 P Cr.L.J. 2086
Penal Code (XLV of 1860)
S. 302 and Criminal Procedure Code (V of 1898), S. 498—Bail—For
purposes of bail, law not to be stretched in favour of
prosecution—Benefit of doubt, if any arising, must go to
accused—Murder—Alleged eye-witness (Lodging F.I.R.) stating before
committing Magistrate that accused fired his gun after deceased had
fired at accused’s companion—Assertion by defence that statements of
other eye-witness also in same strain and, therefore, possibility of
self-defence not ruled out—witnesses, not considering this to be good
ground and refusing bail—petition for Special Leave to appeal to Supreme
Court—Accused directed by Supreme Court to renew his application before
Signle judge and High Court advised to consider whole case for purposes
of law on data available. [p. 278]A.
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