Pulukuri Kottaya vs King-Emperor on 19 December, 1946
There
is no proof of identity and, therefore, such an evidence
cannot be read against the applicant at this stage. It is
contended that the trial is to be conducted by a
Magistrate, which will take a long time and looking to
such scanty evidence available against the applicant, if
he is not released on bail, in fact he would undergo the
entire length of sentence which could be imposed after
the trial, even without finding him guilty of such offence.
It is, thus, contended that in catena of cases, in such
circumstances the Apex Court has held that the accused
is entitled to grant of bail. Primarily, learned senior
Counsel for the applicant has placed their reliance on
the case of Pulukuri Kottaya and others Vs. Emperor,
AIR (34) 1947 Privy Council 67, and contended that in
fact the entire evidence as well as the statement of co
accused is not admissible in view of the well settled law.