Legal Question in Criminal Law in India
Ipc 307
My friend had a drunken brawl and in the state he pushed another friend of his. The friend fell down and hit his head against the road. He was taken to a hospital where from he was sent to a specialized hospital for serious head injuries. The patient went into coma. The patient was later operated upon and now he has been shifted to general ward from icu. His condition is stable but is not in a position to speak or even open his eyes.
My. friend was called by the police from his home on phone and since then he is in police custody booked under section IPC 307.
He has been in the custody for the last 40 days.
our advocate filed a bail application 3 times but the court is of the opinion that unless the patient is discharged from the hospital, bail application can not be condsidered.
Please suggest.
5 Answers from Attorneys
Re: Ipc 307
u need to send the copy of the f.i.r. only some opinion can be given in this regard.
Re: Ipc 307
you can approach high court.
Re: Ipc 307
Approach high court.
Re: Ipc 307
You may better follow the court order or else approach the High Court of your State for bail.
Re: Ipc 307
After going through the contents it appear that the act done by your friend was not intentionally but it was due to drunkness.if you could prove this thing before the courtthen the court will consider your bail application in the light of Sec.81&86 of I.P.C. and if the court will satisfy with this plea the court has power to charge this case under the aforesaid sections.if u can do advise your advocate to take plea in your bail application adopting the said view.It is not a case for which sec 307 is applied.
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