Thakkar, Paris (Advocate) 11 September 2009

How long does a bail approval process takes for 306

Hi There,

My brother was arrested by a police for 306 - Abetment to suicide. He called police to the suicide place informing them about the lady trying to commit suicide. But the police arrived 3 hrs late and by that time the lady committed suicide. Now he is in jail for the last 2.5 weeks and we have not been able to bail him out. Does it take that long?

The hearing on the session court has not happened yet. But what is the chances of bail out being successful? The hearing has been getting delayed since Police didn't send the case file for the 1st 2 hearings and then judge takes 3 days to read about the case. Is this for real that Indian law takes that long for even bailing out an innocent person?

Any help will be greatly appreciated.

Thanks

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6 Replies

Prashant Sharma (Independent) 11 September 2009

It is bit difficult to understand on what basis your brother has been put behind the bar? However, you are advised to take recourse High Court while moving an application before the High Court under section 483 of Cr.P.C.

With regards,

Prashant Sharma

09811996757

Thakkar, Paris (Advocate) 11 September 2009

Hi Prashant,

Thanks for replying. The lady has been threatening my brother about committing suicide if he doesn't marry her. My brother has ignored this for the longest time and on this day she finally committed suicide leaving behind a note for the police. Does that mean the bail out process will take this long time?

Thanks

PARTHA P BORBORA (advocate) 12 September 2009

IT DEPENDS ON THE FACTS OF THE CASE. BUT IT MAY TAKE MAXIMUM 90 DAYS.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 12 September 2009

MAGISTRATES OF SESSION IN THE OFFENCES OF HUMAN BODY WHICH INCLUDE 306 CONSIDER VERY SERIOUS AND TOOK TIME TO GIVE BAIL,HENCE ADVOCATE MOVE BAIL BEFORE THE SAME COURT WITH DIFFERENT GROUNDS,THE PULSE OF THE JUDGE CAN BE ASSESD AND PLAN FOR HC. THE ACCUSED IS INNOCENT IN THE ABOVE SUBJECT, U CAN TRY HC FOR BAIL...

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B.N.Rajamohamed (advocate / commissioner of oaths) 14 September 2009

Usually for such offences bail will be granted after 15 days if the FIR ehibits a chance for the alleged accused to escape on the ground of implcation on mere surmises and conjucture.My humble advice is if you have filed the petition before the sessions court allow it to be ordered as per the convenience and opinion of the court . If the order is not in your favour file the bail application before the high court where you are sure to get it.

Usually the police will not file the charge sheet within 60 or 90 days you have to wait for that. If it takes beyond that period file a petitiion before the high court for a direction under section 482 Cr.PC.for speeding up the charge sheet process or else you file a quash petition before the high court.

B.N.Rajamohamed (advocate / commissioner of oaths) 14 September 2009

If you have filed the petition before the sessions court aloow it to be ordered as per the view of the court. If it is oredered against you file a bail application before the high court it is sure to get it .

Normally the police willnot file the charge sheet within 60 or 90 days. If that period lapses you file a petition before the high court U/S 482 for a direction to speed up the chage sheet process or yuou file a quash petition before the high court.

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