Tapeshwar Singh Parmar (lawyer) 17 June 2014

Interim bail or speedy trial crpc 482 ipc 302

Good evening Sir

I am a new lawyer registered in Aug 2013.

i have an issue that is:-

after framing of charge in section 302 ipc can we take benefit of
speedy trial direction or interim bail under section 482 crpc?

"I file a bail in HC... bail application has dismissed as withdrawn
with liberty to the petitioner to renew prayer for bail after the
material witnesses are examined by the trail court." but after 4
months there are no material witnesses has been examined because of
advocate strike, absent of APP or absent of judge..

charge has been made before 4 months ago.. there is a ground of plea
of alibi because on the time of incident the co-accused was in
examination hall and i have a attendance certificate of the exam...

i need some good citation so they help me in my case and please help
me what should i do for this... i want benefits from high court only..

thank you

Regards

Tapeshwar Singh Parmar

Reply Follow

2 Replies

Aashish George (lawyer) 17 June 2014

wow, a murder case already? what luck! anyways, since you have already exhausted your remedy towards high court under the provision of bail, why dont you try for quashing if you have ample evidence to show that the accused was not present in the scene of the crime.

you can a file a writ petition, here is a case law that will help you.

Narayan Shinde v. State of Maharashtra, reported in 1989 Mah. L.J. 844. In that case, the offence was committed sometime in 1974 and the complaint was filed on or about 21-3-1974 under various charges under Sections 409, 420, 477, 477-A, 201 and 120-B of the Indian Penal Code. The amount involved was to the extent of more than Rs.254000.00, whereas the allegation was defalcation of over Rs.16 lakhs. A charge was framed in the said case on or about 18-4-1979. But for more than 9 years, no evidence whatsoever, was led. The accused then filed a writ petition for quashing the prosecution and Deshmukh J, relying on several cases of the Supreme Court, quashed the prosecution.