My Uncle got in a fight with his wife, and she called some person to interpret, but my uncle hi bat on his head, and he went unconscious, tehn he was admitted in hospital but later on he died after 4 days, so my uncle and aunty both were taken by police for enquire, First they didn't said anything but later on my uncle accepted everything. Now aunty gout but uncle is still in jail for furtehr investigation. So can we get bail. and how much money is required.
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1) your uncle admission of guilt would go against him
2) your uncle can apply for bail
3) court may grant uncle bail subject to condition that he would not seek to influence witnesses
4) emphasise on fact that uncle does not have any criminal record
court would determine amount payable by uncle for bail
So can we get bail. and how much money is required.
The police must have booked your uncle under section 302 i.e., murder case.
Crime under section 302 is a non-bailable offence; mostly lower courts are avoiding giving bail for under trail accused. After rejecting once bail in lower court accused need to apply in the high court.
Bail in cases of non-bailable offences after submitting charge sheet in the court and maximum detention time depend on producing facts, circumstances, skill and bond with sureties & monetary obligation in the high court.
Any person charged under section 302 can be apply for bail after submitting charge sheet by police or 45 days after arrest.
But still any idea how much amount required for bail, like 10,000 or 50,000. And how much time he will be in jail for this any idea.. he does not have any criminal record before..just he got into fight with wife and due to which this happened.. :(
1) your uncle got in to fight with his wife and he assaulted mediator with a bat on his head
2) your uncle must have been remanded to 14 days judicial custody
3) he may be released on bail after a month or so as custodial interrogation of accused may be necessary for investigations
4) court may release him on bail of Rs 50000 or so
It was clearly informed that a lawyer's fee cannot be predicted by another lawyer. You can clarify the same from the lawyer who you have engaged, this cross verification will not help you in reducing the fee demanded by that lawyer.
In a murder case, the accused can be kept till 90 days in the prison during the process of bail application.
The question is not about the background criminal record but it is based on the offence for which he has been booked now.
The accused cannot hit a person to death hence there can be no justification to it.
you may pursue the matter through your lawyer who may find some loopholes to get the accused enlarged on bail.
Dear Querist
if the case is registered under section 302 or 304 of IPC then after completion of the examination of public witness, they can get the bail.
the amount of fee is depend on the lawyer of your choice, it may be 50K or 1lac or more or less.
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1. Section 302 IPC must have been slapped against your uncle as he snuffed out the life of an individual.
2. In murder cases the courts do not ordinarily grant bail at least during the pendency of the trial.
3. I cannot comment on the fee of the counsel as this varies from one lawyer to another.
