Advice on murder case

Benefit of proviso appended to Section 167(2) would be available to an offender only when a charge sheet is not filed and investigation is kept pending.

If the charge-sheet is not filed the accused entitled to statutory bail u/s 167(2) of Cr.P.C.  upon expiry of 90 days (as offence is of murder).

If charge-sheet is not filed then however strong the evidence may be accused cannot be kept in custody after the expiry of 90 days if the accused applies and is prepared to furnish bail.

 A sensible person should not ask whether false witnesses can be produced. Yes they can and would be produced.

There are to be speaking orders why bail petitions have been rejected both by Sessions and High Courts.

Strong or weak is immaterial. Assessment of the magistrate is what matters. Many are out and many are languishing.

The best advice that you have got is: MAKE PEACE AND YOU KNOW WHAT IT MEANS. Your friend's life has already been ruined and whatever remains will be ruined in the years to come.

The fact that both sessions court and high court rejected the bail plea gives the impression that they have found some material in the case diary to show prima facie evidence against the accused.

Influencing the IO at this stage  will not do any  good in your friend's favour as there is less chance to dilute the investigation now.  It is not a bad idea to represent the evidences in favour of the accused before the Circle Inspector.

Sanjeev/Anil/Feroz, thanks for your reponses. I appreciate your time. A follow up question:

Say, after 90 days the chargesheet is filed by the circle inspector. What kind of evidence does the Circle Inspector have to produce that the judge may rule that my friend (the accused) should remain  in judicial custory beyond 90 days?

Please advice. Thanks in advance.

 Again, it is not the 'kind of evidence' that weighs in the mind of the magistrate. There is no thumb rule in such cases. Don't think that the decision is always objective.

As soon as 90 days are complete you immediately file the application for bail. Filing of charge-sheet subsequently will not effect the right of the accused to be released on bail.

Thanks Sanjeev. It is very reassuring to know that.

However, if the chargesheet is filed within 90 days, do we still have the right to bail or is it the discretion of judge to grant/deny bail? If it is under judge's discretion, what sort of evidence in the chargesheet may he consider sufficient to deny bail. For example, if there is a witness account in the chargesheet of seeing the accused commiting the murder, is it good enough for the judge to deny bail?

Please let me know. Thanks for your time.

If the chargesheet is filed within 90 days there is no question of any right to bail. In that case it the discretion of judge to grant/deny bail. General provisions bail as per section 437/439 of Cr.P.C. would be applicable.

Also even if the charge-sheet is filed beyond 90 days but before the application for bail u/s 167(2) of Cr.P.C. is filed then also there is no question of any right to bail.

If budget allows, think about moving supreme court for bail.

Thanks Feroz. We do not have the financial resources to fight the trial in Supreme Court but we can probably gather the resources necessary for bail application in Supreme Court. Few questions:

1. Do you suggest we move to Supreme Court before the police file Chargesheet or after they file Chargesheet?

2. What will happen if the Supreme Court rejects the bail petition? Can we still go to the District Sessions Court later on to apply bail (if facts of the case change subsequently)?

Thanks much in advance.

1) yes

2) wait for advice from learned lawyers.

Thanks all for your advice.

High Court granted bail today to my friend.

Thanks much for your inputs.

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09325226691, 09271971251

e.mail.adv.nbsawant@yahoo.co.in

e.mail.nandkumarbs@sify.com.

REGARDING THE MURDER CASE KINDLY NOTE THAT.

1.FACTS OF THE CASE ARE ON THE BASIS OF F.I.R. YOU HAVE FILED BAIL APPLICATION TO DIST AND SESSIONS COURT AND HIGH COURT WHICH WERE REJECTED.

2.KINDLY NOTE THAT IN CASE YOUR FRIEND CAN MENTION THE EXACT DETAILS OF THE CASE THERE CAN BE WAY OUT.

3.ANY NUMBER OF BAIL APPLICATIONS CAN BE FILED IN THE COURT BY MENTIONING CHANGE IN CIRCUMSTANCES IF ANY. YOU MAY FILE BAIL APPLICATION AGAIN AT HIGH COURT ON CHANGED CIRCUMSTANCES SUCH AS SICKNESS OF ACCUSED DUE TO SERIOUS ILLNESS OF ACCUSED OR HIS FAMILY MEMBERS OR BY MENTIONING NEW FACTS WHICH WERE NOT CONSIDERED IN EARLIER BAIL APPLICATION.

4.ANOTHER OPTION AVAILABLE IS TO MOVE SUPREME COURT OF INDIA BY FILING BAIL APPLICATION BY ENCLOSING THE CERTIFIED COPIES OF EARLIER BAIL APPLICATIONS OF DIST AND SESSIONS COURT AND HIGH COURT WHICH WERE REJECTED.

5.KINDLY NOTE THAT PREVIOUS CHARACTER AND TRACK RECORD OF ACCUSED IS IMPORTANT IN CRIMINAL CASES. HE CAN SUCCEED.

KINDLY NOTE THAT I HAVE GOT SEVERAL  INNOCENT ACCUSED ACQUITED UNDER CHARGES OF MURDER SEC.302 OF INDIAN PENAL CODE. IN CASE ANY FURTHER HELP IS REQUIRED KINDLY SEND COPY OF F.I.R. AND APPLICATIONS WHICH WERE REJECTED BY DIST AND SESSIONS COURT AND HIGH COURT. WILL HELP YOU FOR BAIL AT HIGH COURT AND SUPREME COURT ALSO.

YOU MAY WRITE OR CALL .AND SEND DETAILS

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS

THANKING YOU

YOURS SINCERELY

NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

Nandkumar, thanks for the informative note.

As I mentioned, we are out on bail for now anf waiting for the police to file chargesheet for the trial to begin. Will surely let you know if we need any assitance.