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CHINCHOO versus STATE


Section 497 Determination Code (XLV of 1860), sections 458 and 459 corruption of house litter, police grant suspect and his accomplice found innocent in investigation Was based on his statements, however, he acknowledged it. Disagreeing with the police opinion, he joined them as the accused and issued non-bailable warrants against them and the trial court, along with the accused magistrate, refused the bail of the trial court, though the police opinion was not binding. Timely opinions of the investigating officer, who had the opportunity to conduct a speedy inquiry, carried significant weight, as it is the investigating officer's opinion on which the matter was taken and not section 161. Based on the FIR or statements filed under, binding and weighing the CCP's opinion were two different things the court could not overlook the Investigation opinion on the basis that it was not binding on it, While joining as an accused, a man was found innocent by the police, issuing his unsecured warrants against him and also granted bail. PRO did not have to, unless the police think not arbitrary. And there were strong grounds for believing that the perpetrator of the death sentence, life imprisonment or ten years imprisonment, was capable of approving the bail, he was admitted to bail, under the circumstances.

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