• Info about attempt murder and conviction

Hi sir/madam,

My friend said that he received a court notice for attempted murder on monday and he was sentenced to 3 years imprisionment. And then he was released on bail and has bail period till 10th. And he is asking me to lend 4 lakhs for his compromise with the victim. 

I want to know if he was speaking truth. Is it possible to receive notice and get convicted on the same day that too without arrest and FIR. Can anyone get released on bail after being sentenced for attempted murder? He is a student. So I don't want to take a chance. Please educate me on this.

Thanks,
Kittu.
Asked 7 years ago in Criminal Law
Religion: Hindu

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6 Answers

1) murder cases take 10 years to be disposed of

2) he cannot receive notice and be convicted same day

3) ask your friend to forward you copy of court order convicting him

4) during period of appeal accused can be released on bail

5) it does appear your friend is trying to extort money from you under false pretences

Ajay Sethi
Advocate, Mumbai
94695 Answers
7527 Consultations

5.0 on 5.0

Dear Concerned,

NO - your friend is lying anyone booked under IPC 307 and arrested has to go through a process of getting the bail from the District or High COurt level and this entire process takes a minimum of 15 days - SO the person would have stayed in Jail for at-least 15 days (places like Delhi- other states it may go upto 1.5 months)

Additionally a Criminal case eventhough can be settled but can not be finished in court unless Quashing is done by the High Court. Hence you should have all the documents pertaining to his case before believing his claims.

Best of Luck

Atulay Nehra
Advocate, Noida
1308 Answers
58 Consultations

5.0 on 5.0

When a crime is happened the police will prepared FIR (a written document - a complaint lodged with the police by the victim of a cognizable offence or by someone on his/her behalf ). Even a telephonic message can be treated as an FIR.

An FIR is a very important document as it sets the process of criminal justice in motion. It is only after the FIR is registered in the police station that the police takes up investigation of the case. The procedure of filing an FIR is prescribed in Section 154 of the Criminal Procedure Code, 1973.

The process of investigation includes, but is not limited to, collecting evidence, questioning witnesses, inspecting the crime scene, forensic testing, recording statements and so on. If the criminals are found, the police will make arrests.

Once the investigation has been concluded the police will record all their findings and file charge sheet before the concerned magistrate under sction 173(2) CrPC. If it is deemed that there is enough proof on the charge sheet the case goes to court. On the flipside, after their investigations if the police conclude that there is not enough evidence or proof that a crime has been committed they can close the case after justifying their reasons in court. If the police decide to close the case, they are bound to inform the person who filed the FIR of their decision.

If FIR is registered against you then if its Congnizable offence, you may be arrested and after that the Investigating officer will collect the evidence in the form of Documents and will also record the statement of witnesses and after deliberating whether the person is innocent or culprit he will file closure report or charge sheet in the jurisictional court. Then the court after carrying out the trial will acquit or convict the accused.

If upon investigation it appears to the investigating officer that there is no sufficient evidence or reasonable ground against the accused he will release (if such person is in custody) provided under section 169 CrPC.

If upon evidence it appears to the investigating officer that there is sufficient evidence or reasonable ground that accused has committed the offence he will be forwarded to a Magistrate empowered to take cognizance of the offence, provided under section 170 CrPC

After the charge sheet has been submitted to the Magistrate concerned he may inquire into and takes the cognizance thereof (from Sections 177 to 189 and sections 190 to 199 respectively) or he may reject the charge sheet straightaway and order re-investigation.

In case charge sheet has been accepted

In that case trial will begun in which both sides i.e. defence and prosecution will present their evidence and witness and the case will be decided in whose favour who will present the clear, cogent and substantiated evidence in respect of his/her case.

If the accused was sentenced he has got opportunity to file appeal against that order.

Ajay N S
Advocate, Ernakulam
4072 Answers
111 Consultations

5.0 on 5.0

Hello,

To this I must reply to you in the shortest possible way, what your friend is asking you is false and dont lend him money on this ground. Conviction in a murder case takes years it is a full trial and moreover if there is some misunderstanding in your understanding of the case ask him to provide you with all the documents so that you can ask your lawyer as t what can be done in the case. 4 lakh is a big amount so do proper enquiry before lending the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. Your friend appears to be incapable of cooking up stories also properly.

2. For attempt to murder case, FIR shall be registered against him first for which he shall have to take anticipatory bail or bail.

3. Section 307 of IPC is a non bailable section i.e. he shall have to take bail from the Court otherwise he will be arrested by the police.

4. However, even if it is a private case, there will be long hearings after summons are received by you and you appear before the Court.

5. There can not be any sentence for imprisonment on the date of receiving the Summons since next date of hearing is mentioned in the summons when he shall have to appear before the Court.

6. You are being attempted to be cheated as it appears.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

What he says is false information.

You are right that he cannot be convicted the same day he received notice.

He has to be remanded, the police will conduct enquiry, file charge sheet, prosecute the case, examine the witnesses, cross examination, arguments from both the sides, after all this formalities completed the court will pass the judgment.

Better be careful, there is some foul play being played.

Dont sympathise him, you will suffer loss of your hard earned money.

T Kalaiselvan
Advocate, Vellore
84895 Answers
2190 Consultations

5.0 on 5.0

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