Bail under section 307 ipc
Guest
(Querist) 02 September 2016
This query is : Resolved
Hi Sir,
One of my friend has been arrested under IPC Section 307. The case is like he was called by one of his friend where the disputes were going on and where the fight happened. It was small fight between two neighbors. He don't know those people but he know only one person. Usne sirf toda fadi kari thi vo bhi dukaan ka saman feka tha but doosre ladko ne goli chalayi jo ek k per me lag gyi but jiske lagi vo bilkul safe hai out of danger hai.
5 log farar the jisme se teen log mil gye hai..sab se phle mera friend hi pakda gaya tha jiska kasor ye hai ki usne tod fod ki thi but vo bhi 307 me fas gya.
ab 8 din ho gye hai use jail me rakha hua hai. How to get bail in this case.?
Raj Kumar Makkad
(Expert) 02 September 2016
Usne kya kiya tha aur kya nhi, iska faisla to court ko karna hai magar vo us unlawful assembly ka hissa tha jisne gli chlakar ek bande ko jaan se marne ki koshish ki. vo bach gya isliye 307 lgi hai aur agar mar hi gya hota to 302 ban jati.
Abhi bail ki ummid karna thoda jaldi hogi. aapke dost ke vkeel saab haalat ko dekhkar uski bail application lgayenge to hi theek hoga.
Guest
(Querist) 02 September 2016
Sir,Thank you for your response.
Dr J C Vashista
(Expert) 03 September 2016
It is difficult to learn and understand "winglish".
Guest
(Expert) 03 September 2016
Ms. Tanu,
Even if you are informed about how to get bail, how would you like to get bail for your friend, if you are not a lawyer?
So, better hire a lawyer, who will do what is required to get bail.
Guest
(Querist) 03 September 2016
Thanks sir for your valuable response. we have already hired one lawyer but the process is very slow..is there any chance to get anticipatory bail or something else..i need to know the immediate action we can take for getting bail..lawyer which we have hired is doing his work but slowly..
Rajendra K Goyal
(Expert) 03 September 2016
You are saying he has been arrested in 307 IPC section, anticipatory bail not applicable after arrest. Regular bail may take time, may be postponed till all arrested, may be till charge sheet filed or even afterwards. High Court may have to be approached.
He was in the group from which bullet was fired and one person was injured.
Guest
(Expert) 03 September 2016
No question of anticipatory bail, when already put in jail.
Moreover, if your lawyer doing work slowly, any advice may not be of use to you for his slow work.
Also, if you feel your lawyer is slow, change him at once.
Rajendra K Goyal
(Expert) 03 September 2016
Court process is slow due to over burden and process, has to bear the procedure. Have faith in your lawyer.
Guest
(Querist) 03 September 2016
What is the time limit for filing the charge sheet in this case of 307 section.?
What is the minimum and maximum punishment and penalty under section 307..
Dr J C Vashista
(Expert) 03 September 2016
@Tanu,
Why are you so perturbed with the case, let your "friend" may seek advise of his/her lawyer, if you are not involved personally.
Your questions are pure academic in nature for which you will have to seek guidance from your tutor.
Guest
(Querist) 03 September 2016
Thank you Dr. Vashisht.
i think i didnt get any thing related to the case from this post but for sure i got that i need guidance from tutor..i am concerned about my friend thats why i am asking these questions if you found that i am asking irrelevant questions,dont bother to reply..atleast other members are reverting with relevancy.
thanks for your suggestions sir.
Hopefully i must find a good tutor.
Ms.Usha Kapoor
(Expert) 04 September 2016
Dear Client,
In a Road Rage case a person of more than 65 years old got killed by a fist blow by famous cricketer Siddu and the Supreme Court granted him bail and ultimately he was let off and given a clean chit of the offense of causing death of someone.Your friend can set up right to private defense as a defense in exercise of which he grievously injured persons. It is similar to road rage case of cricketer Sidu. Under Section 96 IPC nothing is an offense if done in exercise of right to private defense.Section 100 IPC lays DOWN: 100. When the right of private defence of the body extends to causing death.—The right of private defense of the body extends, under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely:—
(First) — Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;
(Secondly) —Such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault;
(Thirdly) — An assault with the intention of committing rape;
(Fourthly) —An assault with the intention of gratifying unnatural lust;
(Fifthly) — An assault with the intention of kidnapping or abducting;
(Sixthly) — An assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release.
Guest
(Expert) 04 September 2016
The querist wanted tutorial for her academic question and she got it!!!!!
Truthfulness of the story is quite doubtful. She did not bother to give reply to my query, "if you are informed about how to get bail, how would you like to get bail for your friend, if you are not a lawyer?"
Guest
(Querist) 04 September 2016
Thankyou everyone for your valuable response.
cherukuri prasad
(Expert) 04 September 2016
File a bail petition. Do not worry. Take the help of some advocate
RAVI K GOUD
(Expert) 06 September 2016
Ms. Tanu,
Using the weapon (individually or being in a group) is of a serious offence. It is not as easy as you are speaking. I hope the FIR will be, not only with Sec. 307 but also with other sections like abatement, Common intention, Conspiracy etc.,
We can not take the plea of RPD without taking all the facts into consideration.
In a gist, your friend can not get the anticipatory bail and he has to file the regular bail in the prosecuting court initially and if not granted, then he can invoke same court or High Court after lapse of certain time.
So instead of spending your time here, it is better to spend with the retained lawyer.
Guest
(Querist) 06 September 2016
Blogging is not wasting time..we already hired lawyer and retaining with him only.
thanks for the suggestions.
Guest
(Expert) 06 September 2016
Good news, you have now taken the right action to hire a lawyer, which was absolutely necessary for your friend's case.
Guest
(Querist) 06 September 2016
We have hired a lawyer from the very first day..
just to get some better views related to this case, i had posted this query to lawyers blog because every experienced person speaks differently and here we have experienced respected lawyers.
thanks to all who shared there views.
Guest
(Expert) 09 September 2016
Ms. Tanu,
Your statement, "just to get some better views related to this case, i had posted this query to lawyers blog because every experienced person speaks differently" seems to be an after thought merely to vainly justify your statements.
Better views could be possible only when you would have reproduced the views of your own lawyer. But you tried to strike merely in the air and wasted a lot of time for the community members in your vague questions by unduly stretching the thread. Unless the reality is brought before the members, their different views based on their individual presumptions in the absence of the facts, can confuse the querist, moreso, when he/she is unaware of the legal provisions.
Would you have required better views, you should have stated about the views of your hired lawyer for review by the community members. But, still, even now you are silent on that, which clearly reveals that it is all your after thought in order to unduly justify your vague query and subsequent statements.
That is confirmed further when you did not reply my question 5 days back, i.e., "even if you are informed about how to get bail, how would you like to get bail for your friend, if you are not a lawyer?"
Please be aware, if some person puts a question thinking as if the community members are idiots before whom he/she has put the question, he/she may better think about himself/herself what he/she could also be.
So, if you want any help of the community members, you must also be truthful and honest in your statements and expression of the real problem.
Good luck!
Dr J C Vashista
(Expert) 10 September 2016
@ Tanu,
For the last 6 days I have exercised the option to avoid your idiotic query with the hope that you are satisfied with the advise of experts.
Guest
(Expert) 10 September 2016
Unable to justify any of her statements, she has now preferred to flee away by getting her account deleted.
