Fear of arrest and time limit for investigation by the police
On 28.05.2015 there was a scuffle between my brother and my neighbour as my brother was trying to clean a drain which my neighbour had blocked unlawfully. During the scuffle the neighbour attacked my brother and hit him on his head and as a result his head started bleeding and required several stiches. After medical treatment my brother lodged a FIR against the attacker on the same day.
The attacker after hitting my brother tried to run away and in the process fell down and his head got hit by some stone/brick lying at the site. He injured back of his head just above the neck. He fainted and had to be admitted in hospital for several days. Taking advantage of his injury, he too filed an FIR against my brother after few days. Police register both FIRs under section 307.The case was given to an inspector for supervision. My brother filed for AB in session court, the court asked for police diary but, the same was not submitted by the police. Thus the AB was rejected by the court.
Now more than 3 months have passed. Police has not made any arrests. We have also learnt that police has not submitted the supervision report /case diary to court or even to SP office. They say they cannot favour us as the injury to the attacker has been categorized by the hospital as grievous.
Now we are in a state of fear of arrest by the police. Kindly advice as what remedy is available to us.
Asked in Criminal Law from Motihari, Bihar
To overcome your fear you should immediately apply for anticipatory bail. In the absence of protective cover of anticipatory bail you may be arrested at anytime. The arrest is imminent under the sections leveled against you.
Either you should move another anticipatory bail application in the sessions court, if police has any record of the complaint of said incident , they will submit.
approach the High Court with AB
You should obtain a details of FIR if you don't have it by filing an RTI , Actually police failure to submit the case diary is not a reason for your denial of AB.
What was the order in AB, did you see it if not try to get he copy f the order by the session judge in AB.
Any way before moving to high Court for AB it is advisable to file once gain in the sessions as the court rejected the application for not having the police record of crime/ case diary
No petition will reject due to the non production of police report. Apply an anticipatory bail in High court.
First of all Thnx to all those who have replied to the query.
Truly speaking I haven’t read the court judgment. What I have learnt is that court said that since in the FIR it is alleged that my brother hit that person with a sharp edge weapon [farsa], so unless police investigation is available bail can’t be granted.
In the medical report given by the government hospital it is mentioned that the injury to the attacker was due to blunt edge. Will this be helpful in getting bail?
But since the police diary was not presented this report too was not presented to the court. As informed by the police to us, the report form a Referral Hospital has mentioned that the injury is of grievous nature. Will this hamper chance of getting bail?
Is the police not bound to complete the investigation and file the charge sheet in a time bound manner?
Police is delaying the submission of report/charge sheet for no valid reason. They are only saying they are under pressure [obviously exerted by the opposite party]. So they know the real situation but not able to help us.
Asked 1 year ago
after considering the order see the possibilities of another petition in the sessions court itself, if not approach the high court
The Medical report will help you as the blunt edge could be a stone , so submit the copy o f the medical report to support your claim.
seriousness of the injury is not hamper as the same section is applicable for both You an him and the counter claim is in the similar nature.
police can take the time since they have not made any arrest they are taking time.If you are arrested and in custody then if they do not file it in 90d days time you can seek bail on that ground. but here the situation is different , in fact it i favoring you, so make use of the time available and get the bail .
The police can arrest you without completing the investigation as there is an FIR as it is an offense in serious nature and non-bailable
The delay in the investigation can be used in your favor and apply for the anticipatory bail.
High Court will y give you the bail.
Once you get the bail , you should try for a quash petition in the high court , for quashing the FIR on the ground that the injury was caused by fall and hurting himself
Head injuries and broken the bone are treated as grievous nature. Try for anticipatory bail in high court also mention about the counter case and injuries affected to your brother from defacto complaint.
If your bail application was dismissed by the sessions court, you have to move the high court with a fresh application seeking anticipatory bail.
The injuries to the opposite party is grievous as per hospital records hence the lower court has dismissed the AB application, however due to the passage of time and also the opposite party might have been discharged from hospital and is recovering, the high court may consider the AB application due to a counter case in existence.
The police will take time to file charge sheet before court, but that has no impact to arrest you if there is a FIR registered. So you should be thankful to the police for having not made any arrest so far.