TMI Blog2007 (4) TMI 775X X X X Extracts X X X X X X X X Extracts X X X X ..... ars that his subsequent application for bail filed before the trial Court was also unsuccessful. Aggrieved thereby, he filed Misc. Criminal Case No. 850/2006 before the Hon'ble S.R. Nayak, Chief Justice of Chhattisgarh High Court at Bilaspur (as His Lordship then was). By an impugned order dated 03/05/2006, the Chief Justice of the High Court granted bail to the respondent-accused on his executing a bond in a sum of Rupees One Lakh with two sureties of like amount to the satisfaction of the trial Court. 4. For the purpose of disposal of this case, it may not be necessary to recite the entire facts leading to the filing of this appeal. Suffice it to say that as many as 27 material prosecution witnesses have now turned hostile. 5. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not appear to prove the case of the prosecution that Ram Avtar Jaggi was murdered by Chiman Singh in pursuance of a conspiracy hatched in the testing held on 21/05/2003 at the Hotel Green Park, Raipur. He further goes on to state that the two eye-witnesses, namely, Abdul Jameel Khan and Banke Bihari, who were examined to prove the above charge have turned hostile in Court. He further observed that the conspiracy theory propounded by the prosecution against the accused stands shattered. 8. In paragraph 21 of the judgment, he further observed that from the quality of the evidence so far adduced by the prosecution to prove the charge of criminal conspiracy in the murder of Ram Avtar Jaggi by Chiman Singh in pursuance of that criminal consp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to give its reply. He, accordingly, contended that the bail granted by the learned Chief Justice need not be disturbed. 11. Normally in the offence of non-bailable also, bail can be granted if the facts and circumstances so demand. We have already observed that in granting bail in non-bailable offence, the primary consideration is the gravity and the nature of the offence. A reading of the order of the learned Chief Justice shows that the nature and the gravity of the offence and its impact on the democratic fabric of the society was not at all considered. We are more concerned with the observations and findings recorded by the learned Chief Justice on the credibility and the evidential value of the witnesses at the stage of granting ba ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
