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KIRAR versus THE STATE


Section 497 Impeachment Code (XLV of 1860), Section 959595/2 accused2 Guarantee, Grant of the name of the accused, who, together with his comrades, constituted an unlawful assembly, which was allegedly equipped with deadly weapons at gunpoint. On the robbery of valuable articles, nothing in the FIR was kept on the record which could infer that the testimony of the complainant or the prosecution against the accused had been prejudiced, some of the looted property. The recovery was made from the custody of the accused as the co-accused was transferred to the FIR. During his interrogation, his bail was released by the police. There was no scope for the accused's bail to be granted as it could be included at any stage of the trial if any disturbing evidence emerges on record. The delay was explained. In each case, however, there was no scope for FIR guarantees

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