JAWAD HUSAIN Vs. EMPEROR

JUDGEMENT

(1.) THIS is an application for admission to bail. The applicants are under trial for an offence under Section 408, Indian Penal Code. On turning to Schedule 2 attached to the Code of Criminal Procedure, it will be found that offences under Section 408 are not bailable offences. The Magistrate in charge . of the case has refused bail. A case of this nature has to be dealt with under Section 497 of the Code of Criminal Procedure. Paragraph 2 of that section1 lays down that if it appears to a Court at any stage of the investigation, enquiry or trial that there are not reasonable grounds for believing that the accused has committed such offence but that there are sufficient grounds for further enquiry into his guilt, the accused shall, pending such enquiry, be released on bail. From this it seems that the law requires that the investigation, enquiry or trial which is proceeding should be examined and that before admitting to bail this Court should come to the conclusion that there are not reasonable grounds for believing that the accused has committed such offence. Further that the person accused of such an offence is not to be released if there appear reasonable grounds for believing that the accused has been guilty of the offence charged. The affidavit before me which supports the application for bail contains absolutely no reason whatever why the accused should be admitted to bail. It does not help me in coming to any conclusion whether the accused have or have not been guilty of a non-bailable offence. In the arguments addressed to me all that I have heard is that a case was institute ed in the Court below charging these same accused with an offence under Section 420, Indian Penal Code. The matter was considered and the applicants admitted to bail. It is stated that the offence under Section 408 hardly differs from that under Section 420. 1 am unable to follow this inference. I see no reason to interfere and dismiss the application. The applicants must surrender to their bail and undergo the remainder of their sentences.