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Author Topic: Who requires the bail  (Read 395 times)

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Offline camohdzeeshan

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Who requires the bail
« on: April 28, 2018, 08:25:35 AM »

I have a question about bail.

There is a case in whi the oponent file an fir again Mr. Abc, stating below statement.

" Mr. abc come in my home he asked me to gave some money which i have not borrow from him, then he did some arguements and abusing with me and then Mr Abc called his wife, his sons came fought with me and beat me by an iron road, i would request you to please take the legal action against Mr.Abc and both of his sons."

In this FIR section 308/34 is filled, now my question is who requires the bell, only Mr. Abc and both of his son as statement clearly stating to take the action again them only or his wife also requires the bail.

Please clear.

Offline kalaskarkk

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Re: Who requires the bail
« Reply #1 on: April 28, 2018, 09:45:50 PM »
Dear Sir,

All of you must immediately approach either High Court or Sessions Court and apply and get Anticipatory bail. 

S. 308

Attempt to commit culpable homicide

Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
Read More in Chapter XVI
Classification u/schedule 1 CrPC

Offence   Punishment
1.   Attempt to commit culpable homicide
2.   If such act causes hurt to Any person   1.   3 Years or Fine or Both
2.   7 Years or Fine or Both
Cognizance   Bail   Triable By
1.   Cognizable
2.   Cognizable   1.   Non-Bailable
2.   Non-Bailable   1.   Court of Session
2.   Court of Session

Composition u/s 320 CrPC

Offence is NOT listed under Compoundable Offences

Illustration A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby caused death he would be guilty of culpable homicide not amounting to murder. A has com¬mitted the offence defined in this section.

Section 34 in The Indian Penal Code
37 [34. Acts done by several persons in furtherance of common intention.—When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.]
Section 438 in The Code Of Criminal Procedure, 1973
438. Direction for grant of bail to person apprehending arrest.
(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.
(2) When the High Court or the Court of Session makes a direction under sub- section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including-
(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) a condition that the person shall not leave India without the previous permission of the Court;
(iv) such other condition as may be imposed under sub- section (3) of section 437, as if the bail were granted under that section.
(3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, be shall be released on bail; and if a Magistrate taking cogniz-
ance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub- section (1).

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
Call me for clarification

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