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AZEEM versus THE STATE


Section 497 (2) of the Criminal Procedure (XLV of 1860), Section 302/412/460/34 bail, further investigation grant was made overnight, the accused's name was not listed in the FIR, as They are accused of alleged crimes. The name in the case was first disclosed by the supplementary statement given by the complainant till the statement was made by the complainant about the name of the accused who had made a statement to the police. Saw the accused running away from him. No identification parade was held after the incident so that the accused did not take any active part in the alleged shooting of the deceased and the involvement of the accused was inappropriate when the accused was allegedly in possession of the accused during the investigation. Exporting articles never came out properly. The articles identified by the complaining party that were stolen during the alleged incident were already admitted to the co-accused by the trial court for the bail and cancellation of his bail. The petition filed was a nearly ical investigation of the cases of the co-accused and the accused, who have already finalized and a challan has already been submitted, no longer in the physical custody of the accused. In order to hear the case against the accused in the case, further investigation of his crime was sought within the purview of Section 497, Sub-section (2) of the CR PC, and on the demand for further investigation in the case, The accused was supposed to grant bail as a right and not by grace or concession.

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