Facts checklist for Regular Bail Petition for offence U/s 302 of Indian Penal Code, 1860

List of facts to be checked while representing the Bail Petition. While preparing the checklist, you might also find grounds for Bail.

Topic #003

Petitioner

1. Petition Number:

2. Name of the Petitioner:

3. Age of the Petitioner:

4. Current Petitioner is accused number –

   a. In FIR :

   b. In Chargesheet :

FIR

1. FIR Number / Crime Number:

2. FIR is registered under which Police Station:

3. Date of Incident:

4. Date of FIR:

5. After how many days from the date of the incident was the FIR registered:

6. In the FIR, is the name of the accused mentioned as “Unknown” - (Yes/No)

7. If ‘No’, mention the list of names mentioned in the FIR.

8. Is the present petitioner's name mentioned in the FIR. (Yes/No)

Arrest

1. Was the present petitioner arrested or surrendered?

2. Date of arrest or surrender.

3. After how many days from the date of the incident was the arrest made.

4. Was the arrest made specific to the case mentioned in FIR or was the arrest made in some other case and during interrogation the Petitioner disclosed about the case mentioned in FIR.

5. Since when is the present petitioner in Judicial custody (Date):

Petitioner and Deceased Relationship

1. Did the present petitioner know the deceased prior to the incident? (Yes /No)

2. If ‘Yes’ then kind of acquaintance the present petitioner have with deceased (Relative/ Friend / Work Colleague / Business related)

3. Was there a previous enmity between the present petitioner and the deceased? (Yes /No)

4. Was there a financial transaction between the present petitioner and the deceased prior to the incident? (Yes /No)

5. Prior to the incident, was there a civil dispute between the present petitioner and the deceased. (Yes /No):

6. If “Yes”, details of the status of the civil dispute (Case Number and Stage of the Case):

7. Was there an instance of blackmailing between the present petitioner and the deceased prior to the incident? (Yes /No)

Other Accused

1. The total number of accused:

2. Are other accused enlarged on bail? (Yes /No)

3. If “Yes” then is the order copy of the bail attached in the petition. (Page number in the petition file)

4. Can the present petitioner avail the benefit of “Grounds of Parity‟ based on the bail granted to the other accused?

Charge sheet

1. Date of filing the charge sheet:

2. A number of days between the date of filing of FIR and Charge-sheet.

3. Is there is a delay in filing the charge sheet?

Witnesses

1. Total Number of witnesses:

2. Total official witnesses: (Ex: IO, PM Doctor, Etc.)

3. Total independent witnesses:

4. Any Eye witness (Yes /No):

5. If “Yes”, Prosecution Witness (PW) number:

6. Any Child witness (Yes /No):

7. If “Yes”, Prosecution Witness (PW) number:

8. Is there any witness who knows the present petitioner prior to the incident? (Yes /No).

9. If “Yes”, Prosecution Witness (PW) number:

10. Is there any witness who knows the deceased prior to the incident? (Yes /No).

11. If “Yes”, Prosecution Witness (PW) number:

12. Is there prior enmity between any of the witnesses and the present petitioner?

13. Does any of the witnesses directly mention that the present petitioner assaulted the deceased? (Yes /No).

14. If “Yes”, mention the paragraph of witness statement u/s 164 of CrPC which discloses the assault by the petitioner.

15. Page number details in the petition file which contains the statement of witnesses in the charge sheet:

Post Mortem (PM) Report

1. Date of Post Mortem Report:

2. After how many days from the date of the incident was the post mortem conducted:

3. Cause’s of death as mentioned in PM Report:

4. Does the PM report mention that the injury caused by the present petitioner led to the death of the deceased?

5. Is the PM report attested by the doctor’s signature? (Yes/No)

6. PW’s number of the PM doctor in Charge Sheet :

7. Details of page number containing the PM report in the charge sheet:

Wound Certificate

1. Date of wound certificate:

2. Details of wound:

Habitual Offender / Rowdy-Shetter of Petitioner

1. Is the petitioner a habitual offender?

2. Previous cases (if any) of the petitioner and status of the cases.

3. Is present petitioner a rowdy-sheeter? (Yes /No)

4. If “Yes” then when was the rowdy-sheeter file opened. (Date)

5. Is the rowdy-sheeter file still open (Yes /No)

6. If “No” then when was rowdy-sheeter file closed (Date)