Bail for a person booked under ipc 304

K S Nagarajan (Querist) 19 December 2014 This query is : Resolved
My brother & his wife were mowed down and killed by a speeding car driven by a drunken driver. He was booked under IPC 304 and jailed. Subsequently, he has been released on bail. (The Supreme Court had earlier advised that drunken driver who has killed people should not be given bail)

Is the releasing of the drunken driver by the court valid? Whether we should file a petition in the court objecting his bail. Please give an expert opinion.

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Kappil Cchandna (Expert) 19 December 2014
Dear,

Bail can be given by courts even in non bailable offences.... Yes you can file a petition in higher courts seeking cancellation of their bail...

Kapil Chandna Adv . 9899011450

Devajyoti Barman (Expert) 19 December 2014
You can file petition for cancellation of bail but that is unlikely meet with success. However let the trial begin so he can be convcited of his offences.

Rajendra K Goyal (Expert) 20 December 2014
Giving bail can be challenged in higher court, not likely to fetch desired results. Better concentrate in proceedings to convict the offender.

K S Nagarajan (Querist) 20 December 2014
Thanks for the replies. When we applied for legal heirship certificate, we are advised that the application should be signed by the deceased person's son but he is a minor.Can he apply for the same, eventhough he is a minor?