clarification of section 323 and 353 of IPC.
Mohammed Vaid
(Querist) 12 September 2010
This query is : Resolved
My cousin is booked under section 323 & 353 of IPC. He had a heated argument with public bus conductor so he called up police and in front of police the conductor acted as he was beated by my cousin, which is a false allegation, and admitted himself in government hospital.
We had applied twice for bail in Holiday court (Megistrate court) as those were holiday days, but unfortunately rejected both the times.
Would like to know the seriousness of the crime and will he get bail now as the megistrate had sent him in Judicial Custody?
s.subramanian
(Expert) 12 September 2010
You file a fresh application for bail and there will not be any difficulty in getting bail. In case the magitrate dismisses the bail petition again,you approach the high court.
Uma parameswaran
(Expert) 12 September 2010
323 -bailable offence
353- non-bailable
If bail is rejected you can approach Higher Court.
Sarvesh Kumar Sharma Advocate
(Expert) 12 September 2010
there is no seriousness.
write a good bail application and file finest argument the bail is waiting.........
Raj Kumar Makkad
(Expert) 12 September 2010
If your application has been rejected by two courts then file such application before upper court. You shall get the desired results therefrom.
SAANJAAY GUPTAA
(Expert) 12 September 2010
the matter was not so serious but as the bail rejected twice you can file bail application before the judge court. you will get the relief.
Arvind Singh Chauhan
(Expert) 13 September 2010
You may approach to session court as suggested by Mr. Sanjay.
Devajyoti Barman
(Expert) 13 September 2010
Nothing serious and try to get the cases now amicably settled.
Mohammed Vaid
(Querist) 14 September 2010
Thank you to all of you for your valuable suggestions. We succeeded in getting bail (cash bail of Rs. 10,000).
Now would like to know what is the next step in procedure as we don't know anything. The magistrate judge had given us the date of 23rd September 2010?
Is there any harm in going out of station, would be back before the above said date? Do we require any kind of NOC from Police or Court for going out of station? Do he need to show his presence in Police Station, daily or weekly, untill the case is resolved?
Satya Mani Tiwari
(Expert) 18 September 2010
I think by that time police will complete the investigation & put up charge sheet against your brother no need to worry as the bail has already been granted no need for any fresh bail application.
Regarding the second part please inform the police officer who is investigating the case before leaving station come back before 23rd sept. preferably 2 days before and discuss the outcome of investigation with IO.No need for daily, weekly or monthly attendence in police station it is done in cases in which specific directions are given by court.
You have mentioned only 323, 353 IPC but usually 323,332,353 IPC is used when a government servant was stopped doing his duty and is beaten up.SO check it out if sec.332 is also been used by police
