• When to apply bail in Section 302 charges?

Dear Sir, My brother in law has been arrested under Sec 302 but we have a clip proofing FIR is wrong. He in judicial remand for 14 days. Please suggest when and where can we apply bail and at what time should we apply bail? Also how we can pressurize police to present the challan in section 304, 304A with right of self defense.

Actual incident-- There was a fight on road with one guy and my brother in law was escaping from that site to safe guard his life from 10-15 people. One of the guy has been rammed over by my brother in law's tractor and he died. Police has registered FIR in 302. Police has collected CCTV footage from a petrol pump of this incident and we have one more video clip shoot by a guy standing near by which proofs that my brother in law wsa escaping from that place and guy who died was trying to stop him.
Asked 8 months ago in Criminal Law from Fatehabad, Haryana
Religion: Sikh
Hi 
you can apply for a bail as soon as an FIR is filed. 

First apply for bail in sessions court. if it is rejected then go to the high court. if there is a good lawyer on your side, he can get the bail in the sessions court only. 
Rajgopalan Sripathi
Advocate, Hyderabad
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Yes. But first try to get bail please. 
Rajgopalan Sripathi
Advocate, Hyderabad
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1. Since he has been remanded to judicial custody now you are free to apply for bail. In view of the application of s.302  against your brother he is most likely to taste failure in the local court. Ordinarily, bail in such cases is granted only by the HC or SC. The video clip can be used in evidence by your brother. 

2. You cannot bind the police to present challan under 304 or any other  section. It is for the police to decide which section the challan is to be presented under. Thereafter, you can question the challan through an appropriate remedy before the court.
Ashish Davessar
Advocate, Jaipur
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Dear Sir, My brother in law has been arrested under Sec 302 but we have a clip proofing FIR is wrong. He in judicial remand for 14 days. Please suggest when and where can we apply bail and at what time should we apply bail? Also how we can pressurize police to present the challan in section 304, 304A with right of self defense.

If your brother in law has been charged under section 302, a bail application at this stage may not be entertained by the sessions court, however you may apply for bail and get it dismissed and then approach high court with a similar application where there are chances for getting enlarged on bail based on the satisfactory arguments presented and convinced  by the court.   You cannot pressurise the police to amend the sections, however you can file a petition before the concerned magistrate court for reinvestigation on the basis of your side merits in the case.
The incidences what you have narrated can be taken up during trial only.  You may file an application under section 173 (8) of cr.p.c. for reinvestigation then to bring the facts of the case to light. The police will not listen to any of your expressions or feelings or the facts produced before them at this stage.
T Kalaiselvan
Advocate, Vellore
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thanks for your reply also suggest can we ask police to present the challan under 304 with self defense clause in court?

The police will not do that.  They have no power to do it on the basis of your request. The police may sometime amend the charge sheet with section 304A if they are pressurised by any external top source. 
T Kalaiselvan
Advocate, Vellore
13915 Answers
127 Consultations
5.0 on 5.0

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