326 ipc
Adv. jaya dadhich
(Querist) 06 February 2013
This query is : Resolved
actually 5 persons assaulted 2 people 1 1/2 year back on 4/9/2011 , accused were behind the bars for more than 2 mnths, then bailed out , now they hv come up with an injury as grievous in their IR which was simple in nature at the time of incident i.e. their MLC was done on 5/9/2011 and in that IR the injury was simple , for that they constituted medical board which gave its report and gave finding " predominantly axonal neuropathy left common peroneal and sural" and PS Bilara, Jodhpur added 326 IPC. At present those accused are freely moving , they r not having any difficulty in walking. above mentioned disease is caused after one and half year , can it be related to to the incident of 4/9/2011. can i get SC citations related to it. please reply soon
R.K Nanda
(Expert) 06 February 2013
state full facts of case.
Adv.R.P.Chugh
(Expert) 06 February 2013
Get a Medical Opinion, it is for the doctors to classify a medication condition as greivous or simple, too technical for me.
R.K Nanda
(Expert) 06 February 2013
agree with Bharat.
Raj Kumar Makkad
(Expert) 06 February 2013
Nothing perfect opinion can be given by experts because the evidence of the doctor can only decide this fact.
Adv. jaya dadhich
(Querist) 07 February 2013
actually 5 persons assaulted 2 people 1 1/2 year back on 4/9/2011 , accused were behind the bars for more than 2 mnths, then bailed out , now they hv come up with an injury as grievous in their IR which was simple in nature at the time of incident i.e. their MLC was done on 5/9/2011 and in that IR the injury was simple , for that they constituted medical board which gave its report and gave finding " predominantly axonal neuropathy left common peroneal and sural" and PS Bilara, Jodhpur added 326 IPC. At present those accused are freely moving , they r not having any difficulty in walking. above mentioned disease is caused after one and half year , can it be related to to the incident of 4/9/2011.
Raj Kumar Makkad
(Expert) 07 February 2013
If subsequent section has been imposed on the accused persons on the basis of the report of medical board then the prosecution or the complainant is required to move an application before the court to cancel the bail of the accused persons and police should arrest them accordingly so that a fresh bail may be obtained by them as per sections imposed now.
Raj Kumar Makkad
(Expert) 07 February 2013
If subsequent section has been imposed on the accused persons on the basis of the report of medical board then the prosecution or the complainant is required to move an application before the court to cancel the bail of the accused persons and police should arrest them accordingly so that a fresh bail may be obtained by them as per sections imposed now.
Adv. jaya dadhich
(Querist) 08 February 2013
There are cross cases of sec. 324, 323, 341,307, IPC in which accused were behind the bars for sec. 307 for more than 2 mnths, assaulted person's bail was taken up by police , now accused persons has come up with medical report on which police has added 326 IPC. Now an application is moved in court by PP to cancel the bail of assaulted persons, so can I submit bail u/s 438 cr.p.c. for two assaulted persons at one time , or I hv to go for only one person at a time.
Nadeem Qureshi
(Expert) 09 February 2013
Dear Jaya
one by one is batter option to get a bail, Medical report is only help in this case and as per this report police add 326 of IPC, at the time of trial this report can be examine and Doc. examine too, if you are from accused person you should read medical Jurisprudence, in which you can easily get these words used by Doc in his/her report.
Feel Free to Call
R.K Nanda
(Expert) 09 February 2013
no more to add.
R.K Nanda
(Expert) 10 February 2013
ur welcome.
