ISLAMUDDIN versus THE STATE
Section 497 Determination Code (XLV of 1860), section 302/34 bail, although statements of prosecution witnesses were approved at a very late stage, but the investigating officer made it clear that the witnesses had moved out of town for fear. Delayed effect. The recording of the evidence of witnesses cannot be determined at the bail-out stage. It was premature to completely reject the evidence of those witnesses in the pre-bail stage, unless they gave some evidence which led to the accused in the case. Any suspicion could be raised about the identity of the bail application denied prematurely
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