TMI Blog2004 (8) TMI 745X X X X Extracts X X X X X X X X Extracts X X X X ..... he appellant essentially are as follows:- One Prem Kumar (hereinafter referred to as the 'deceased') was engaged in the business of money lending. He had advanced a loan of ₹ 2 lakhs to one of the accused persons named Naeem. On 11.3.2003, the deceased was called to the factory of one Kamil, where the accused Naeem was working as a contractor, by telephone call which was purportedly made by the accused Naeem. When the deceased went to that place, he was shot at by, respondent No. 2, accused - Meer Hasan and one other accused named Wasim. Accused- respondent No. 2 shot the fatal shot. On the basis of statements made by three persons namely Nawab, Tulshi Ram and Harish Kakkar the respondent No. 2 was taken to custody. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence is called for. 6. There is no definition of the word 'Bail' in the Code, although offences are classified as 'Bailable' and 'Non-Boilable'. Section 2(a) defines 'Bailable Offence' to mean an offence which is known as bailable in the first schedule or which is made bailable by any other law for the time being in force and Non-Boilable Offence means any other offence. 7. Impugned order of the High Court reads as follows ; Applicant's counsel submits that applicant is not named in the F.I.R. and subsequently his name has been disclosed in the statement recorded under Section 161 Cr.P.C. after 3 days. Considering the facts and circumstances of the case and without e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of tampering of the witness or apprehension of threat to the complainant; 3. Prima facie satisfaction of the Court in support of the charge. 10. Any order dehors of such reasons suffers from non-application of mind as was noted by this Court, in Ram Govind Upadhyay v. Sudarshan Singh and Ors. 2002CriLJ1849 , Puran etc. v. Rambilas and Anr. Etc. 2001CriLJ2566 and in Kalyan Chandra Sarkar v. Rajesh Ranjan alias Pappu Yadav and Anr. 2004CriLJ1796 . 11. Though a conclusive finding in regard to the points urged by the parties is not expected of the Court considering the bail application, yet giving reasons is different from discussing merits or demerits. As noted above, at the stage of granting bail a detailed exam ..... X X X X Extracts X X X X X X X X Extracts X X X X
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