Murderous Ad - interim pre - arrest of --- Further grant Information Report was lodged after an inordinate delay of about three days --- Only explanation put forth by the complainant was that firstly they got the Police letter for treatment from Civil Hospital and after the treatment they lodged the FIR --

 2023 SCMR 1243

Murderous Ad - interim pre - arrest of --- Further grant Information Report was lodged after an inordinate delay of about three days --- Only explanation put forth by the complainant was that firstly they got the Police letter for treatment from Civil Hospital and after the treatment they lodged the FIR --- However , this explanation did not seem to be when the Police was allegedly impressive , especially approached by the complainant on the very first day ... Complainant and the injured prosecution witness received injuries on the non - vital parts of the body and the accused and co - accused did not repeat the fire despite having ample opportunity to do so --- In this view of the matter , the question . whether section 324 , P.P.C. would be applicable in the case or not would be determined by the Trial Court after recording of evidence --- Case of the accused and co - accused squarely fell within the ambit of section 497 ( 2 ) , Cr.P.C. entitling for further inquiry into their guilt - Petitions for leave to appeal were converted into appeals , and allowed , ad interim pre - arrest bail granted to the accused was confirmed , whereas the co - accused was admitted to post - arrest bail.

As far as the principle enunciated by this Court regarding the consideration for grant of pre-arrest bail and post-arrest bail are entirely on different footings is concerned, we have noticed that in this case both the petitioners are ascribed the same role. For the sake of arguments if it is assumed that the petitioner enjoying ad interim pre-arrest bail is declined the relief on the ground that the considerations for pre-arrest bail are different and the other is granted post-arrest bail on merits, then the same would be only limited upto the arrest of the petitioner because of the reason that soon after his arrest he would be entitled for the concession of post-arrest bail on the plea of consistency. The Courts of this country are not meant to send the people behind the bars rather the purpose of the entire judicial system is to protect the liberty of the citizen against whom baseless accusation has been leveled keeping itself within the four corners of the law. The rational behind this principle would be defeated if on a technical ground a person is sent behind the bars.