Bail possible in section 302/34

you may send me scannned copy of FIR ,then i will be able to tell something looking your roll .

bail is difficult to get in such sections which are of such grave nature..

all depends on the facts and cirumstances of the case.

Take a look at this - Bail in 302. This resource has helped my friend in all the legalities involved in the matter of Bail in 302. Hope it helps! 

Dear Ashish, 

What I could gather from your query is that an FIR is filed under section 302 read with section 34 of I.P.C.  The police has already filed charge sheet. The accused is still in prison since last 6 months. 

Opinion:-

The present case is triable by a Court of Sessions. In present case charge sheet is filed therefore the magistrate will commit the case to sessions court if prima facie as per his opinion there is sufficient evidence to proceed. 

Immediately file Bail Application under section 439 Cr PC to Court of Session before whom accused is brought to face trial. Your bail application, if properly filed, will be allowed 99.99 % because bail is the rule and jail is an exception. This is the basic principle of law governing bail. In case the session court rejects it, approach High Court without delay.   

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, At Chandigarh.