grant of bail us 439 of crpc in murder case.

uday galbale (Querist) 15 September 2013 This query is : Resolved
Dear experts.. A reguar bail application is filed in a session court in a murder case after filing of chargeshit.... there is a 4 days delay in filing of FIR and after burial of the deceased the FIR was came to be registered. Now the accused is in jail since his arrest and the chargeshit is filed.. whether a bail can be granted on the above said ground..... please suggest a good case law on the same point... I will be greatful to u.........

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Kundan Kr. Singh (Expert) 16 September 2013
you may file bail application.
For filing of bail application there are so many grounds,this ground is one of them.

V R SHROFF (Expert) 16 September 2013
create grounds and file bail appli

Phani Kumar. D (Expert) 16 September 2013
There is a possibility of granting bail, as the Police filed Charge Sheet. Hence there is not scope for further investigation, i think so. This is one of the legally valid point for your case even at the time of trial also. Prepare bail adding some more points basing on the circumstance of your case.

Ms.Nirmala P.Rao (Expert) 16 September 2013
Dear Client,

Unfortunately, even as per the Indian Supreme Court "A mere short delay of 4 days in filing FIR doesn't automatically entitle a person to bail u/s439 Cr.P.C in a murder case unless, he makes out a strong prima facie case such as improper appreciation of evidence and lack of corroborative evidence etc.

Ms.Nirmala P.Rao
Legal Expert