27 October 2020

Bail can not be denied to chargesheeted accused on the ground of abscondence of other accused

It is pertinent to note that the other ground raised by the prosecution is that the co­accused, who is relative of the present applicant, is absconding and, therefore, present petitioner may not be enlarged on bail.
Bail can not be denied to chargesheeted accused on the ground of abscondence of other accused
Now, it is well settled principle of criminal jurisprudence that even for securing presence or for getting whereabouts of the co­accused, no police custody remand could be granted. The same principle will apply in the case where bail is sought by the accused and the charge sheet is already filed against him/her. If there is laxity or inability of the prosecution to arrest the co­accused, on that ground the other accused against whom investigation is over and charge sheet is filed cannot be denied the right of getting bail in a given case.[Para No.7]

26 October 2020

Mere existence of motive to commit an offence by itself cannot give rise to an inference of guilt nor can it form the basis for conviction

Needless to say motive is that which impels a person to do a particular act. There can be no action without a motive. Motive may create a very strong suspicion but it cannot take the place of proof. Mere possibility of existence of motive cannot make the accused guilty, as held by the Hon'ble Apex Court in the case of Sarwan Singh Rattan Singh vs. State of Punjab. Where the prosecution case depends on circumstantial evidence, motive assumes significance and goes a long way to prove the case of the prosecution as held by the Hon'ble Apex Court in the case of Shivaji vs. State[Para No.36]

Mere existence of motive to commit an offence by itself cannot give rise to an inference of guilt nor can it form the basis for conviction
   Mere existence of motive by itself is not an incriminating circumstance and it cannot give rise to an inference of guilt nor can it form the basis for conviction. Motive for the crime, even if adequate, cannot by itself sustain a criminal charge. In the case in hand, we have discussed elaborately how the prosecution is found wanting in establishing the "last seen" theory. Therefore, practically, there is no evidence to establish any of the circumstances, which in such type of cases, need to be established by the prosecution and even if we assume for the sake of argument that the accused was harboring a motive to commit the murder of the deceased, that in itself, for want of other positive evidence, will not sail the prosecution through.[Para No.37]
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