Law Web: Bombay HC: Under which circumstances, the court can release accused involved in vehicular accident prosecuted for an offence U/S 304 of IPC on bail?

The First Information Report is plain about causing the

vehicular accident. The reasons are best known to the

investigating officer how he has applied Section 304 of the

Indian Penal Code. Even it is presumed that Ganja was lying in

the car, it was very small quantity. Such quantity does not bar

granting bail and there will be no impediment of Section 37 of

the N.D.P.S. Act. It is an act of rash and negligent driving. The

Court has sympathy towards the persons died but cannot close

the eyes towards the provisions of law in respect of granting bail.

It is not in dispute that villagers have mercilessly beat two

accused persons in the car. They were also hospitalized, not for

the injuries caused in the accident but for the injuries sustained

by assault. The question is whether the applicants would

interfere in the investigation and flee away from the trial. There

is no case as such. {Para 5}

6. After having gone through the documents placed on

record, the Court is satisfied that material investigation has been

completed. Further detention of the applicants is not required.

However, to protect the interest of all, certain conditions are to

be imposed.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

938 BAIL APPLICATION NO.957 OF 2024

Akhilesh Sanjay Pawar, Vs The State of Maharashtra

CORAM: S.G. MEHARE, J.

DATE : 20th JUNE, 2024

1. Heard the learned counsels appearing for the respective

applicants and learned APP for the State.

2. The applicants are seeking bail in Crime No.0310 of 2024

registered with M.I.D.C. Police Station, Jalgaon for the offence

punishable under Sections 304, 279, 427 of the Indian Penal

Code with Section 184 of the Motor Vehicles Act and Section

8(c), 20(b)ii(a) of the Narcotic Drugs and Psychotropic

Substances Act.

2. It is a case of road accident. Four persons travelling on

electric scooty met with an accident of the motor car run by one

accused. The report reveals that the accident occurred at the

dead end of the road. The offending vehicle turned to wrong side

and dashed to the electric scooty and accident caused. After the

accident, villagers reached at the spot and mercilessly assaulted

the accused. The mob was not allowing the police to take the

injured to the hospital. However, the police intervened and took

the injured to the hospital. It is also the prosecution case that

small quantity of the drug like Ganja was found lying on the seat

of the car. Two accused were also hospitalized and after their

discharge, they were arrested and they are in the custody. Out

of the four accused two accused were injured as public assaulted

them and two of them flee away.

3. Learned counsel for the applicants have raised objections

that there were no ingredients to attract Section 8 of the NDPS

Act and no drug like Ganja was found in the car. It was sheer

case of road accident having no intention. Therefore, offence

under Section 304 of the Indian Penal Code is not made out.

Only to please the public, Section 304 of the Indian Penal Code

has been added. The intention is apparently missing in this case.

Even the First Information Report also does not disclose that the

driver of the offending vehicle had intention to kill the persons

who have been died in the accident. At the most offence may be

under Section 304A of the Indian Penal Code. The offence is

triable by the Magistrate. The vehicle has been seized. The blood

samples were also collected. Nothing has been found in the

blood report. The applicants are young boys, having good future.

The applicants are having no antecedents to their discredit. Their

further custodial interrogation is not necessary. Therefore, bail

may be granted.

4. Learned APP has strongly opposed the applications. He

would submit that there is evidence against the driver of the

offending vehicle that he was driving the vehicle rashly. Though

specific report is not received about the consumption of the

drug, possessing such drugs in the car would suffice to infer that

the drugs were consumed. The offending vehicle was run rashly

and negligently without bothering for other’s life. The dash was

so severe in which four lives lost. Cases of such rash and

negligent driving are causing fear in the mind of common man

who walk in the road. The applicants were knowing that it was

risky to drive the vehicle so rashly. Considering the gravity of the

offence and death of four persons, it will not be appropriate to

grant bail to the applicants at this stage.

5. The First Information Report is plain about causing the