Bail & quash of fir under 304-part 2 , 465,468
Aniket Doshi
(Querist) 14 May 2015
This query is : Resolved
District court passed 156-3 .What to do next? what about quash of FIR? Is it that session court influenced by media ? What r the consequences? Plz help.
Jeetender Gupta
(Expert) 15 May 2015
Appeal bail in HC first. Did you not file revision / appeal against 156 (3). That was the right remedy than quashing. Quashing shd be last option, though given the charges / sections it won't be easy.
Devajyoti Barman
(Expert) 15 May 2015
Quashing of FIR would be difficult.
You rather file anticipatory bail plea in high court. i do not find any reason why bail application would be rejected in High court. Engage a seasoned lawyer for this.
Rajendra K Goyal
(Expert) 15 May 2015
File bail application in High court. quashing would be difficult.
Guest
(Expert) 15 May 2015
Mr. Aniket Doshi,
From your description, I could not find your linkage with the court case.
So, please clarify, whether you the case is on you or on those doctors who sign on attendance muster for 2-3 days in advance, extra leaves, doing less no of operations etc.?
Aniket Doshi
(Querist) 15 May 2015
Respected lawyers, the only allegation on me is I signed for 1 day prior. On saturday I signed for sunday on duty muster. But I did my sunday duty sincerely. Because office is closed on sundays we cant sign on sunday, but as doctor we have to do duty on sunday or holidays. No patient suffered , no negligence happened. I did not signwith any criminal intention or guilty mind. If court saw muster 80% doctors ave done some mistakes on muster, why not to file FIR on everybody?
Pre date sign is offence, then whether post date sign is legalised ? Doing sundays sign on monday is it allowed by law ? Whether this attracts forgery , which section ?
MANOJ HARIT
(Expert) 15 May 2015
Aniket,
First move HC for ABA.
Also file Revision aganst 156(3) Order.
Quashing of FIR can be considered at a later stage after securing ABA.
T. Kalaiselvan, Advocate
(Expert) 17 May 2015
You cannot ask questions legalising an illegal act. Do you say that signing one day before for the other day's work is legal? What is the proof that you have not worked on that day in which you signed the attendance?, do not put wrong things into a right track, concentrate on the case which is pending against you instead of complicating the issue by unnecessary questions. The option before you is to approach high court for anticipatory bail for the present and then think about quashing or filing discharge petition later on.
Aniket Doshi
(Querist) 17 May 2015
Extremely thankful for ur suggestions.
Almost 2 months after FIR. Can revision petition against 156 filed now?
In case HC rejects bail, what options?
Is it that all r arrested or police will go as per their evidences? & If they require arrest is it that they will require strong evidences against indivisual docs ?
What is the criteria to arrest ?
malipeddi jaggarao
(Expert) 19 May 2015
Engage a good advocate who can get the bail. It is not difficult in the given circumstances.
Biswanath Roy
(Expert) 19 May 2015
From the given facts it appears quashing of F.I.R is not possible
However, regarding Bail there are no hard and fast rules to grant or refusal of bail, each case has to be considered on its own merits. The matter always calls for judicious exercise of discretion by the court. Where the offense is of serious nature, the court has to decide the question of grant of bail in the light of such considerations as the nature and seriousness of the offense, character of the evidence, circumstances which are peculiar to the accused, a reasonable possibility of presence of the accused not being secured at the trial and the reasonable apprehension of witness being tampered with, the larger interest of the public or such other similar considerations. So if a Doctor is found prima facie to be connected with child death, his bail cannot be justified.
