My freind has been falsely charged with 302/307 and has been in custody for over 16 months. few witnesses has been questioned till now, Including one eyewitness and he has said in court that my friend has not participated in the quarrel and has not hit anybody. It was the other coaccused who has done the damage. Police has painted a false story of my Friend holding the deacesed while some other guy has hit the deceased.
We tried to move bail, but judge said let other 2 eyewitness questioning happen, after that bail shall be heard.
Now it has been over 5 months and 2 eyewitness are not being bought to the court by PP and police and hence they have not yet been questioned.
We want to move bail, but lawyer says seesion judge can dismiss the bail on the above ground of 2 eyewitness not been heard yet.
Forensic report is in favor, all witness till now in favor and 1 eyewitness(the only that has been heard) has said that my Friend was not invloved. Friend is 21 year old, student.
Can you please help here with Citations of courts in such cases where
-- few witnesses have been heard and few remain and bail has been given in 302/307
--no speedy trail, tender age, student, no previous criminal record, Not direct involvment in the murder as per chargesheet, granted bail
Please adivce shall we move bail now or shall we wait again for the next date on which one eyewitness has been bound with IO, which is 2 months away. (again no gaurantee that police will bring the witness and he will be heard)