The word “intent” is derived from the word archery or aim. The “act” attempted to must be with “intention” of killing a man

The word “intent” is derived from the word archery or aim. The “act” attempted to must be with “intention” of killing a man.

  1. The nature of the weapon
  2. The place where the injuries were inflicted.
  3. The nature of the injuries
  4. The opportunity available which the accused gets.

In the facts and circumstances of the case, it would be too premature to arrive at any decision whether the accused applicants had the requisite intention or knowledge. Ultimately, on overall appreciation of the entire evidence, the trial court will have to take an appropriate decision in that regard. To observe anything at this stage can cause serious prejudice to the accused as well as the prosecution. The court must remain on guard in the cases of the present type.

Although, I am not convinced with the reasoning assigned by the trial judge while rejecting the application exhibit – 7, yet I approve the ultimate decision taken by the trial court to reject the application exhibit – 7.

Section 437: When bail may be taken in case of non – bailable offence:-

  1. When any person accused of, or suspected of, the commission of any non – bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but-
  • Such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life;
  • Such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but not less than seven years.

Provided that the court may direct that a person referred to in clause (I) or clause (ii) be released on bail if such person is under the age of sixteen years or is a woman or is sick or infirm;

  1. Any Court which has released a person on bail under sub – section (1), or sub – section (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody.

 

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