353 and 34 of ipc
sajed
(Querist) 12 April 2013
This query is : Resolved
Brief case
Police received message that 10 to 15 people sitting in ground and creating nuisance .Police inspector with one constable reached spot and asked persons to disperse . instead of disperse accused no 1 and 2 abused police officer and refused to vacate ground . it is version of inspector that he got injury on hand due to scuffle .
Question is
1- Accused no 1 and 2 can get anticipatory Bail from Sessiom court ? if YES on what grounds ?
2- or accused have to surrender before lower court and apply for bail
any other suggestion
Devajyoti Barman
(Expert) 12 April 2013
Better to go for anticipatory.
The case seems to be u/s 323 IPC which is bailable offence.
Raj Kumar Makkad
(Expert) 13 April 2013
1. Nothing can be anticipated as bail is the discretionary power of the court. The grounds differ from situation to situation. No straight jacket words can be suggested.
2. Better to get arrested and demand regular bail if the offence is bailable.
R.K Nanda
(Expert) 13 April 2013
contact local lawyer.
