- The outcome of the post mortem report is very essential in this case. Usually, Post Mortem report has to be submitted within 24 hours of receiving the dead body for the purpose but sometimes, due to the complex nature of death, specific tests have to be performed in special laboratries which might extend the time period of furnishing of such report.
- Moreover, 304 is applicable in cases of Culpable Homicide not amounting to Murder. Culpable Homicide is causing death intentionally, or with knowledge that such act could cause death. Therefore, I believe that it is not even applicable here, unless such dehydration medicine is normally known to cause death. Infact, the Doctor only advised the parents for the benefit of the girl, to admit her. Only that it will end up being his word against theirs, unless he has any witness to back his assertion.
- Bail is a matter of right and means release from legal custody. As soon as a person is taken into custody, a bail application can be moved on behalf of that person. In your case, Medical grounds can definitely be cited, apart from the basic outline of the case, based on the grounds of inadequate reasons to believe that the accused is actually guilty of the offence. Infact, unless it is known usually that dehydration medicine causes death, the doctor will be rightfully protected under the General Exceptions under IPC, i.e, Act done under good faith for the benefit of the person, by consent. (Exact provision can be located with proper details). Also, I believe that 304A would be the rightful charge even if there was any confusion with regard to the death and that offence is a bailable offence where bail is to be granted as a matter of procedure.
However, I sincerely suggest to discuss this with a sound legal counsel to secure the person's bail, and to later defend him as that is a matter of urgency.
