2013 AIR SCW 5173 ::AIR 2013 SC( Cri) 2109 ::(2013) 204 DLT 478 ::(2014) 1 DLT(CRL) 107 ::(2013) 4 CurCriR 362 ::(2013) 3 AllCriR 2883 ::2014 (13) SCC 579 ::(2013) 4 RecCriR 98 ::(2013) 10 Scale 141 ::(2014) 1 ALD(CRL) 398 ::(2013) 3 ChandCriC 6 ::(2013) 129 AllIndCas 91 (SC)

Supreme Court Of India

= 2013 CRILJ 4618 (From : Delhi)*

Hon'ble Judge(s): K. S. Radhakrishnan, A. K. Sikri , JJ

Criminal P.C. (2 of 1974) , S.438— Anticipatory bail - Grant of - Medical report refers to gunshot injury on body of victim - FIR promptly registered - Question as to whether case will fall under S. 326 of Penal Code could be determined only after investigation is completed - Investigation is not over and weapon used in offence is yet to be traced - Not a fit case for granting anticipatory bail. Cri. M. C. No. 3021 of 2012, D/- 3-9-2012 (Del.) Reversed. Penal Code (45 of 1860) , S.326— In the present case, co-accused persons apprehend victim and accused fired at him with a country made pistol which was brought by him at the spot of incident. On hearing the cries and also the gunshot, the neighbours of victim gathered near the spot and on seeing them, accused persons ran away from the spot. None of the accused persons had disclosed the source from which the weapon and bullets were procured and the Investigating Officer has pointed out that the offence under Section 201 would be charged if the weapon is not traced/recovered. The medical report @page-SCW5174 refers to the gunshot injury on the body of the appellant. FIR was also found promptly registered. The question as to whether the case will fall under Section 326, IPC could be determined only after the investigation is completed. Thus, it would not be a fit case....