Bail in case of i.p.c. 304 a
Adv M.D.Azhar
(Querist) 16 June 2013
This query is : Resolved
Sir after some incident took place in gujarat at ahmedabad of Hit & Run Case. Some of the Judge have not been released local applicants who are not living at ahmedabad. Infact in the rural area's applicant are not getting bail. If Bail placed before the court some of the court held that offense falls under I.P.C. 304 and therefore the said bail application is rejected. Sir I also want to file bail application in which Government Bus Driver met with an accient which resulted as fatal. The story of the case is that, He was driving the bus on highway suddenly one bicycle man came from beside who can not be seen on the road and met with the bus at the middle side where the conducter of the bus normally sit so there is no prima faciy negligency on the part of applicant/accused but just because of he his government servant i want to go with full preparation so i need the actual definition of the Hit & Run and There is a judgment of the Hon'ble S.C.Court that Right of a Bail is indefeasible right in Bailable offence but i lost that judgment so i need that citation or other judgments which can help in my case.
ajay sethi
(Expert) 16 June 2013
1. Sanjiv Nanda Vs. State (1999 I AD (Cr.) Del.650)
2 Chiman Singh and Ors. Vs. State of Raj. (RCC Sept., 1997, 507).
3. Deepak Kumar Goyal VS. State of Raj. (1995 Cr.L.R.(Raj.) 557).
4. Sharda(Smt.) Vs. State of Raj. (2001, Cr.L.R.(Raj.),129).
5. Utsav Bhasin Vs. State (MANU/DE/1414/2008).
ajay sethi
(Expert) 16 June 2013
.State of Gujarat VS. Haidarali Kalubhai ((1976),1, SCC, 889.
2.Balwant Singh VS. State of Punjab and Anr.(1994 Supp(2) SCC).
3. Satpal Vs. State of Haryana ((2004) 10 SCC,794).
4. State of Raj. VS. Chittarmal (JT, 2007 (9) 261)
5. Prabhakaran Vs. State of Keral (AIR 2007 SC,2376).
6. Naresh Giri Vs. State of M.P.((2008) 1, SCC,791).
7. Mahadev Prasad Kaushik Vs. State of UP & Anr. (JT 2008 (11) SC, 218).
Rajeev Kumar
(Expert) 16 June 2013
No need of further addition
