Procedure for bail
arun kumar
(Querist) 28 May 2013
This query is : Resolved
Dear sir,
An close freind of mine has been booked under section 328 of IPC,He is an simple person with no criminal record, he had a fight with two drunk person who were not in good terms with him, They came at his home nd provoked him nd after that one of them took steel rod nd tried to hit my freind but fortunatly he defended nd accidently he hit the second person who came along with him, at that time whole society was present at that time bt no one dared to come in middle of the fight, those goons have now lodged an FIR against my freind by producing medical certificate of govt. hospital, the person who got hitted got six stitches bt he is now fine nd they have support of a big person bt at the same time my freind lodged an NC in the same police station nd they (police inspector) promised
my freinds wife that they will support him and told my freind to disappear for a while nd the complainent is now in village so when he return the police will take an statement and resolve the matter
Sir please provide remedy i.e. the seriousness of
this case, will he get bail? if convicted then how long
he will have to serve the imprisionment
guide me.
adv. rajeev ( rajoo )
(Expert) 29 May 2013
328 is non bailable offence and jurisdiction is with Dist., and Sessions Court. Granting bail depends on judge. Your friend has to produce the discharge certificate of victim to show that he is better position and not hospitalised.
Raj Kumar Makkad
(Expert) 30 May 2013
Bail is discretionary power of the judge who has to consider many factors while deciding the bail application.
ajay sethi
(Expert) 30 May 2013
agree with experts
arun kumar
(Querist) 01 June 2013
sir, if punished how long do he have to serve imrisionment, someone told me minimum 10 years is it true?
Nadeem Qureshi
(Expert) 03 June 2013
yes, the term may extend to ten year and shall also be liable to fine
V R SHROFF
(Expert) 15 September 2013
Ur frd can be jailed for 10 yrs.
