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Kaush (engineer)     16 April 2013

Citations supporting bail in 302/307 cases needed

My freind has been falsely charged with 302/307 and has been in custody for over 16 months. few witnesses has been questioned till now, Including one eyewitness and he has said in court that my friend has not participated in the quarrel and has not hit anybody. It was the other coaccused who has done the damage. Police has painted a false story of my Friend holding the deacesed while some other guy has hit the deceased.

We tried to move bail, but judge said let other 2 eyewitness questioning happen, after that bail shall be heard.

Now it has been over 5 months and 2 eyewitness are not being bought to the court by PP and police and hence they have not yet been questioned.

We want to move bail, but lawyer says seesion judge can dismiss the bail on the above ground of 2 eyewitness not been heard yet.

Forensic report is in favor, all witness till now in favor and 1 eyewitness(the only that has been heard) has said that my Friend was not invloved. Friend is 21 year old, student.

Can you please help here with Citations of courts in such cases where

-- few witnesses have been heard and few remain and bail has been given in 302/307

--no speedy trail, tender age, student, no previous criminal record, Not direct involvment in the murder as per chargesheet, granted bail

Please adivce shall we move bail now or shall we wait again for the next date on which one eyewitness has been bound with IO, which is 2 months away. (again no gaurantee that police will bring the witness and he will be heard)


 3 Replies

Tarveen (Self Employed)     16 April 2013

Bail is matter of discretion of the court. There is no bar for filling the bail application but as being rightly pointed by your lawyer that it might get rejected as the other witnesses have to be examined. It may be granted but you would have to show sufficient reasons to convince the court for the urgency for the application to be heard. As your friend is around 21 you may ask for bail on the ground of him getting admitted to some educational institution as admissions take place around this period. Regards Tarveen Singh Nanda

advocate praveen (prop.)     16 April 2013

You have to file the bail application before the session court, with all the possiblity and give the facts which is not pointed out at the time of filing of bail application prior this one.

as per your submission it is clear that your friend was not involved in the matter.  However, the question is arises on the integratiy of the Police Department for the investigation.

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) 9811210505)     16 April 2013

Dear Kaush, There is difference between 302 and 307 IPC, so be sure in which section Challan u/s 173 Cr.P.C has been filed. Your friend is student and of tender age, moreover one eye witness has been examined in which he has not asserted against your friend. In these circumstances bail can be moved. Session judge has discretion to grant bail or not?. There are chances and likely hood that bail will be granted to your friend. Rajiv Bhasin Advocate 9811210505

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