304 part2

shubhamsingla (Querist) 23 January 2015 This query is : Resolved
i want to know if the newly introduced 304 part2 bailable or not?

please rply fast

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Guest (Expert) 23 January 2015
Bail could be granted but it would be subject to the Discreetion of Magistrates/Judges and the Efficiency of the Advocates Representing it with Valid Reasons. For Example Normally in Murder Cases the Bail would be Certainly granted after 90 days of arrest but in Several Cases it was granted with in 15 days also.It depends.The persons will be only treated as Accused until they are Convicted and Bail is their Right.

shubhamsingla (Querist) 23 January 2015
sir thank u for ur response.i would like to tell u the whole case.
the case was regarding the settlement of a marriage.being local residents,we went to their settlement.but seemingly the girl (the boys sister)got a hearattack and was dead.she was a heart patient.
after all this happened we the local residents were bailed under 304a.this was done after the report from D.S.P which was completely in our favour.also the enquiry held on us was in our favour.
but now they have put a 304 part 2 on us.is there any help or clue u can give me to support the context?

Guest (Expert) 23 January 2015
Dear author Basing on your Details I find Police is Planning.Better Consult Local Good Senior Criminal Side Advocate and take Precautions.Situation is not in your Side Please.Police is trying to Prove it as murder with out Intention.

shubhamsingla (Querist) 23 January 2015
but sir being the suports only being locall residents..are we liable for any punishment?

Guest (Expert) 23 January 2015
Case is against whom?.Are you not an accused in the case that too you were now out in bail.The case had been modified to put you in Trouble.If you do not take Precautions with the help of Local Good Senior Criminal Side Advocate you could be in more Trouble.

shubhamsingla (Querist) 23 January 2015
case is against the girl side by the boys side due to the death of his sister.
we went as supporters of the girl side.

Guest (Expert) 23 January 2015
If you are not an accused in the case what is your Problem Let the Concerned Persons Could Discuss Here please.

shubhamsingla (Querist) 23 January 2015
sir i am involved in the case.i am accused of the case.but i went as a supporter being the local resident and a bit of far relation.

Guest (Expert) 23 January 2015
Please Let Me Finish Consult a Local Good Senior Criminal Side Advocate Discuss in Detail and Be Protected.That's It.You could wait for Advise from Other Experts here also Good Night.

Guest (Expert) 24 January 2015
In Simple words IPC 304 part 2 is culpable homicide Causing the Death with intention but would not be covered under Murder in IPC.In your case the Postmortem Report would be a Solid Evidence.Check the report and it should clearly say that Death was due to the Heart problem of the deceased and it should also state that there are no other injuries caused by any one.Any Injuries Prove it had been caused due to her fall because of her heart problems. If necessary apply for the Postmortem again if you have doubts.Also make efforts and collect the Previous Medical records of the Deceased and submit to the Court and Produce the Hospital doctors who had treated her earlier for her Heart Problems as Witnesses.Consult and Seek the help of Local Good Senior Criminal Side Advocate.

Guest (Expert) 24 January 2015
Also Note in Police Departments Senior Officers would have the Powers but filing of Fir and Registering the Cases and other related formalities etc would be in the hands of Local Police Only.

Rajendra K Goyal (Expert) 24 January 2015
You went in support from girl side and now accused. Defend the case on merits.

T. Kalaiselvan, Advocate (Expert) 26 January 2015
Since you have enlarged yourself already on bail, you do not have to apply for bail once again, now you have to concentrate to challenge the case on merits.

304 part2

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