Medical report & bail u/s 307
Himanshu
(Querist) 14 August 2012
This query is : Resolved
Is it mandatory for the police to present the medical report of the victim on the date on which it is ordered by the court as the court has granted a period of 10 days for it or the police may ask for some excuse?
Is the non submission of the aforesaid medical report can effect the decision of the court for grant of bail?
Aforesaid query is concerned with the the case u/s 307 of IPC. The victim is now discharged from the hospital and fine now but the person against whom the false FIR was lodged is still in jail.
Please suggest, urgent guidance desired..
Thanks in anticipation
Adv.R.P.Chugh
(Expert) 14 August 2012
Bail in 307 (a non bailable offence) is court's discretion - and the court has the power to prima facie judge the case before granting bail, in a 307 case medical reports are important for the judge to form an opinion as to the gravity of the offence, and hence in it's absence judge may refuse bail, however it cannot be postponed indefinately and accused need not suffer for their inaction
Himanshu
(Querist) 14 August 2012
thanks for your reply sir.You mean to say that police may not present the medical report at the first order time (i.e, initial 10 days), it may take an excuse of some more days? does there exist any other ground on which bail may be refused, if accused haas a clean record.
