Case is of 306 where in my family member has been remanded to police custody for 9 days (3 Days Thrice).Matter is of a suicide note recovered on 10th of the month and murder angle was also looked upon but looks highly unlikely. My family member was the deceased superior govt officer.I am planning to file for bail on 19th in Sessions Court 1. What are my chances of success? 2. Marriage of the accused son falls in a week's time?Is it a ground for compassion? 3. What should be my step for ensuring that my plea does not get rejected on any ground of affecting investigation?
1. Chances of success can only be properly advised on perusal of the FIR and knowing the defence case. Since it is death case and if the name of the accused is there in the FIR then chance of bail is very bleak.
2. yes , it is a good point but after 9 days custody getting bail is very unlikely.
3. Again without seeing the content of FIR it is very difficult to give you the points.
Since your family member has been remanded to custody for 9 days court may release him on bail
2) court would consider fact that marriage of son is in a week time
3) court may impose conditions for release on bail
4) that accused shall not leave jurisdiction of court , not tamper with evidence , not try to influence witnesses
1. By the time I would get my decision it would be 15 days of custody(Police 9 &Judicial 6).Isn't it a solid ground for bail and a counter argument for the instances of influencing investigation. 2. Public sympathy is also high with deceased but is going down slowly( Is it a factor?) 3. FSL report is pending too?
The Criminal Procedure Code, 1973 or Cr.P.C. talks in details about the bail process and how it is obtained. Bail is a right and not an exception. The Supreme Court of India has delivered several cases wherein it has reminded that the basic rule is bail and not jail. The bench of Krishnaiyer, V.R. had observed that when considering the question of bail, the gravity of the offence involved and the heinousness of the crime which are likely to induce the petitioner to avoid the course of justice must weigh with the court. Taking into consideration the facts of the case the apex court held that the circumstances and the social milieu do not militate against the petitioner being granted bail.
Granting of bail is an discretion of the judge to an extent so same will vary from case to case.The offence under section 306 is punishable with a maximum term of 10 years. Therefore, in cases relating to the investigation into an offence punishable under section 306 of IPC sub-clause (ii) of clause (a) would be applicable; and consequently, the maximum period during which the detention of offender can be authorized, pending investigation, would be 60 days. Contents of the suicide note and other attending circumstances have to be examined to find out whether it is abetment within the meaning of IPC section 306 read with section 107.But all the aspects consider at the time of starting trial.
So wait for 60 days or filing charge sheet against the accused.Court will not consider the sympathy or empathy. Court always consider the police report and fact and circumstances along with statements of witness.
if there is some evidence collected by the investigating officer or you have some evidence to show that prima facie offence has not been committed by you then you should make them grounds for bail. definitely you will get bail because according to section 437 if prime facie no non-bailable offence is appear to be committed then court grants bail.
you should file an application before the magistrate and call status report from the investigating officer, take certified copy of status report and file petition for bail. generally investigating officer collects some evidence with in 15 days, if fails to do so then it shall also be a ground for bail.
if you have been in custody for 15 days police had sufficent time to interrogate you
2) if police hardly interrogated you during the said period you should be released on bail
3) court is not swayed by public oopinion . they pronounce orders based on facts of the case
1. How many of them have been listed as accused, whether co-accused have been let out on bail?
The grant of bail may get delayed, hence better approach high court if this bail application is also dismissed.
2. No that cannot be a ground for seeking bail on any sympathy grounds.
3. You first of all ascertain the reasons for his death and what is the level of your involvement in it and see how and why the police have implicated you in this cae, get some proofs to rescue yourself from the alleged commission of offence.
1. Your thinking and imagination cannot be a ground to claim bail, it depends on how strongly the prosecution object to release you on bail.
2. Public sympathy has nothing to do with the report submitted by police, they can change the events if they would like to.
3. May be the FSL report may come to your rescue, await.