Bail u/s 307
kedar
(Querist) 13 April 2013
This query is : Resolved
one month ago 29 people arrested mainly u/s 307 for badly injuring one person. police custody was broken after 11 days (3+3+5). after that some of them file bail application in court . it was rejected on the basis of medical report of the first day that showing head injury. renaming people now file a bail application with medical report shows that injure person never had any head injury hospital not treated him for any type of head injury he was operated by hospital for leg injury now he is totally out of danger we will discharge him soon.now court call a doctor for next hearing to solve the issue of head injury which is mention in first medical report. it is possible to get a bail or conditional bail after doctor statement.
other persons whoes bail was rejected in first court applied a bail in mumbai high court it is possible to get them a bail or conditional bail
Advocate M.Bhadra
(Expert) 13 April 2013
Rajasthan High Court
Imtiyaz Khan vs State Of Rajasthan Through Pp. on 12 January, 2012
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IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN
BENCH AT JAIPUR.
O R D E R
S.B.CR.MISC.BAIL APPLICATION NO.361/2012.
Imtiyaz Khan
Vs.
State of Rajasthan
Date of order : January 12, 2012.
HON'BLE MR.JUSTICE MOHAMMAD RAFIQ
None present for the petitioner.
Shri Satyendra Sharma, representative of
Public Prosecutor for State.
******
This bail application has been filed on behalf of accused-petitioner Imtiyaz Khan u/S.439 Cr.P.C., who is accused for offence u/Ss.307, 341, 323, 325 and 34 IPC contending that the only injury that has been found on the head of injured Gulam Rasool is not a fracture and in fact is a simple injury. He has sustained fracture in his left elbow, which does not attract the offence u/S.307 IPC. At the maximum, the offence cannot travel beyond Section 325 IPC. Co-accused Babu Khan @ Matru has already been enlarged on bail by order of co-ordinate bench of this court dated 28/11/2011. Petitioner undertakes not to repeat the similar offence in future and not to flee from justice. Challan has been filed. Trial make take long. Representative of the learned Public Prosecutor has opposed the bail application. Without expressing any opinion on the merits of the case, I am inclined to enlarge the petitioner on bail.
In the result, this bail application under Section 439 Cr.P.C. is allowed and it is directed that petitioner Imtiyaz Khan S/o Ahmad Khan shall be released on bail in FIR No.181/2011 registered at P.S. Sultanpur, District Kota Rural for offence u/Ss.307, 341, 323, 325 and 34 IPC upon his furnishing a personal bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the concerned Court for his appearance before the trial court on all dates of hearing until conclusion of the trial. (MOHAMMAD RAFIQ), J.
Raj Kumar Makkad
(Expert) 13 April 2013
The evidence/opinion of the called doctor shall play a vital role in deciding the pending bail applications and accordingly the accused already before high court shall be entitled to get their bails.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 April 2013
Bail depends on the presentation of the case before the court by your counsel. It is Mumbai case so only parent HC or SC citations will be effective.
Again in bail matters accused should not jump directly to High court, first the revision at Sessions court should be used so there is second opportunity to go to HC.
Go through the Maharashtra case for bail at SC by BJP politician MEHTRE in murder case and SC has laid down liberal terms for bail.
R.K Nanda
(Expert) 13 April 2013
agree with experts.
ajay sethi
(Expert) 13 April 2013
agree with experts
prabhakar singh
(Expert) 13 April 2013
For facts stated bail appears quite possible
in case doctor speaks in terms of report that no head injury was ever treated.
B K Raghavendra Rao
(Expert) 13 April 2013
Under the circumstances explained, the accused shall in all probabilities would get bail. Bail application need to be presented with appealing pleasant way.
kedar
(Querist) 13 April 2013
new medical cirtificate clearly state that :- AT PRESENT PATIENT IS NOT IN LIFE THREATENING CONDITION AND HE IS NOT BEING TREATED FOR HEAD INJURY PRESENT PHYSIOTHERAPY IS ONLY FOR BOTH LEGS
Vijyant Nigam (09807349001)
(Expert) 13 April 2013
sach to ye hai ki bail me kanoon kam chalta hai aur Hon'ble Judge ka discretion jyada...
case laws r hadly any binding over the Courts in bail matters whether that of Hon'ble SC because every criminal case has its own merit and bail can b granted on prima facie evidences in favor of accused.
you possess a fit case for bail... but can't say nything about the same.
