If lower court has rejected bail. he may approach to higher court.

file a bail before session court and argue the matter with the help of a criminal lawyer, the bail will be grant or not depend on the facts of the case.

Feel Free to Call

Police may insert any sections as they deem fit, but Court should not act like a post man, but focus on the facts of the case and apply the law with the best of his judgment; otherwise Police will dictate the Court at their whims and Rule of Law will become meaningless.

The charge was altered due severe injury, he may be enlarged on bail on second bail petition

Either file second application in the same court or before the sessions court, chances for getting enlarged on bail on second application is more.

Dear Friend

Police can flirt with the sections and charges at their wish. You can always challenge the same at the time of framing of charges. As of now, you concentrate on bail. How long he is in the custody. You said that he surrender that means he was at large? if yes, then the Court is right in rejecting bail at the first go. Apply second time or to the sessions Court. I am sure he will get the bail this time. Section 324 of IPC is bailable but 326 is not. Therefore, make a good case for bail if you are looking for early release from the jail.

Regards

VIRAJ KADAM

Advocate

virajkadam@gmail.com 

Sir,

Incident was happen on 15 December 2013. My brother went to his shop and demanding our deposited rupees but it was converted in quarrel my brother broke two / three small drum of mobile oil placed in his shop.  Some people (neighbor of his shop) cough my brother and started beating, sometime after police had come but same time due to fear my brother bite the finger of the person who had been keeping in custody for self-protection and run away. Same time he was charged by IPC-324. After one day he surrendered to police, police told to him to be present in court in future when required, front party was not interested in this case so my family not so serious about the case. But on 20 July 2014 a call from police for surrendering in front to him, he surrendered and sudden charged by IPC-326 by making some different scenario of case. (A medical certificate was submitted by person who had got pain on finger for deep cut) but it is furzy medical certificate every one telling but we have not any proof. Currently we have not any favoring proof all are in against. The person who got pain in finger is very well not seen any injury. Court not giving bail since one week. (Front person is very strong in regional political view). My old father is in very frustration and I am currently very long distance to my family.