medical examination during the pendency of regular bail ofr its disposal
baljit singh
(Querist) 18 June 2008
This query is : Resolved
Hi,
its baljit here,
i have a querry whether the court for the purpose of disposing of bail applcation can allow the applicant to undgo medical examination the report of which may provide an evidence to disprove the commission againt him as the applicant do have right to do so U/s section 54 of the Cr.P.C if the same is no exercised earlier upon his production before the illaka magistrate. if so any law point on this issue.
thanks,
baljit singh advocate.
deepak kumar
(Expert) 18 June 2008
you have not stated about which court the bail is pending, if it is before the magistrate then the magistrate can order for medical examination. If it is before the higher court then it may direct the concerned magistrate to get the accused examined, if any petition is filed before it for the same and the findings of the medical practicioner may be considered at the time of disposal of the bail application.
arunprakaash.m.
(Expert) 19 June 2008
Yes under section 53 of crpc a police officer can ask the registered medical practisioner to conduct medical examination on the accused to have evidence to the commissioning of an offence. Pleace refer sections 53A 157 158 159 and 167 of CRPC. for your doubt.
