LAWS(GJH)-1986-9-34

STATE OF GUJARAT Vs. BALWANTSINH KARSANSINH VAGHELA

Decided On September 25, 1986
STATE OF GUJARAT Appellant
V/S
BALWANTSINH KARSANSINH VAGHELA Respondents

JUDGEMENT

(1.) * * * *

(2.) The discussion made above will go to show that the circumstances which are alleged against these two accused do not make out even a prima facie case for drawing an inference against these two opponent-accused that they were party to any such conspiracy as a result of which Jinda could escape. On this material it can be said as rightly observed by the learned Judge below that there are reasonable grounds to believe that these two opponents-accused have not committed any such offence or offences alleged against them.

(3.) Sub-sec. (5) of sec. 17 of the Act which is reproduced earlier shows that the provisions of sub-sec. (5) can be pressed into service when the person who is sought to be released on bail is accused of an offence punishable under the Act or any rule made thereunder. This shows that if there is an accusation against a person that he has committed an offence punishable under the Act or any rule made thereunder then the provisions of sub-sec. (5) of sec. 17 come into play. It cannot be said with any stretch of imagination that simply because the prosecution make an accusation against a person that he has committed an offence under the Act or any rule made thereunder the Court must consider the question whether there are reasonable grounds to believe that he is not guilty of such offence. The accusation in my opinion should be well-founded. If the material collected during the investigation shows that the accusation is well-founded then only the Court has to consider the question whether there are reasonable grounds for believing that the person against whom such an accusation is made is not guilty of the alleged offence. It is not as if the accused has to prove his innocence at the stage of bail just as the prosecution has not to prove the guilt of the accused at the stage of bail. The prosecution has on the one hand to show that the accusation against the person concerned is well founded and that way there is a prima facie case against him and only then the Court has to see whether from the material on record it can be said that there are reasonable grounds for believing that the accused are not guilty. But for the provisions of sub-sec. (5) of sec. 17 of the Act a Court will be free to release an accused on bail even if there are reasonable grounds to believe that the accused has committed an offence. But when sub-sec. (5) of sec. 17 of the Act can be pressed into service the Court has to take into consideration the material which is produced before the Court and grant bail only if the Court comes to the conclusion that there are reasonable grounds for believing that the accused is not guilty of the alleged offence ............ .................................... .................................... ...........................