Bail procedure in half murder case(attemptting to murder).

salman khan (Querist) 22 March 2012 This query is : Resolved
Mr.,A' and ,B' was doing fruit business in mumbai shop on partner ship basis once a time the partner ,B' owes the some amount from partner ,A' with some interest rate and ,B' was delaying in payment due to some genuine reason but after passing one month ,A' threaten to ,B' if he fail to repay on so and so date they will fight and dissolve the business and not give any money back which invested in business at the end Oral conversation converted in fighting and 'A, Try to attack with knife and injured to ,B' then police arrest to 'A,and keeps in jail and now ,A, families in trouble they do all lawyer but bail is not doing then what is the right and genuine legal procedure to take out them from jail. please give favorable recommendation.

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Adv.R.P.Chugh (Expert) 22 March 2012
Dear Querist,

You've not mentioned the nature of injury as it is reflected in the MLC (it is important) the gravity of injury - the part of body attacked would all govern whether it's a 307 in the first place or not - or if it just a grevious hurt (S.326 IPC).

The Court considers the gravity of the offence at time of bail.

There are certain things that can be emphasised when getting bail in such case :-

i) No premeditation on sudden fight in the heat of passion (mitigating factor)
Fruit seller would obviously have a knife handy.
(Private Defence may also be pleaded)

ii) No Past Criminal Record/Clean Antecedents of the Accused.

iii) NO chance of absconding - roots in the society

iv) The length of detention. etc.

Hire a good lawyer in your city

Ajay Bansal (Expert) 23 March 2012
As advised above with furter comments that if accused have money problem,then he can get lawyer from Free Legal Aid Cell.