IPC 307
Ganesh
(Querist) 03 July 2009
This query is : Resolved
A person was accused by the police u/s 307 he is free on bail. He has to attend the police station every day from January 2009. Chargesheet will be filed in a weeks time. Now what is the frther procedure that will be followed in his case by the court. Will he be required to attend the police station after that. What willl be the coure of action.
Badal Dayal Advocate
(Expert) 03 July 2009
The police has to file chargesheet within 90 days and thereafter court will hear both the sides i.e. prosecution and accused and if court inspire confidence from primafacie evidence and circumstances that the charge is to be framed agains accused then evidence will lead by prosecution. As far as daily attendance before PS is concerned the accused may file an application before hon'ble court to exempt accused from daily attendance by providing proper surety...
Badal Dayal Advocate
(Expert) 03 July 2009
The police has to file chargesheet within 90 days and thereafter court will hear both the sides i.e. prosecution and accused and if court inspire confidence from primafacie evidence and circumstances that the charge is to be framed against accused then evidence will be lead by prosecution. As far as daily attendance before PS is concerned the accused may file an application before hon'ble court to exempt accused from daily attendance by providing proper surety...
Badal Dayal Advocate
(Expert) 03 July 2009
The police has to file chargesheet within 90 days and thereafter court will hear both the sides i.e. prosecution and accused and if court inspire confidence from primafacie evidence and circumstances that the charge is to be framed against accused then evidence will be lead by prosecution. As far as daily attendance before PS is concerned the accused may file an application before hon'ble court to exempt accused from daily attendance by providing proper surety...
Badal Dayal Advocate
(Expert) 03 July 2009
The police has to file chargesheet within 90 days and thereafter court will hear both the sides i.e. prosecution and accused and if court inspire confidence from primafacie evidence and circumstances that the charge is to be framed against accused then evidence will be lead by prosecution. As far as daily attendance before PS is concerned the accused may file an application before hon'ble court to exempt accused from daily attendance by providing proper surety...
PARTHA P BORBORA
(Expert) 03 July 2009
it is not necessary to file a petioin to exempt the accused from daily attendence before police as submission of the chargesheet means complition of investigation. so after submission of the chargeesheet court will issue summons to u with a direction to appear on the date fixed. thereafter the copy of the case record will be furnished to u as well as the case shall be committed to the Court of Sessions for trial as 307 IPC is exclusively triable by the Court of Sessions. the lawer court neither has any jurisdiction to frame a charge u/s 307 nor has jurisdiction to discharge an accused U/S 307 IPC.
RAJENDRAN K.M. 09443050520
(Expert) 03 July 2009
If chargsheet once come to court the accused can filed condition relaxation petition on that ground also.
PALNITKAR V.V.
(Expert) 04 July 2009
If the condition of attendance is only till filing of charge sheet, then the condition comes to end as soon as charge sheet is filed. But if there is no mention about the time period of attendance, then the accused will have to get the condition waived or relaxed by filing application to concerned court.
KANDE VENKATESH GUPTA
(Expert) 07 July 2009
Mr.Palnitkar had rightly answered the query. However, it is to be observed that an application seeking relaxation of condition is to be filed in the court which imposed conditions at the time of granting bail.
