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2013 DIGILAW 572 (HP)

Ashwani Kumar v. State of Himachal Pradesh

2013-06-20

DHARAM CHAND CHAUDHARY

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JUDGMENT Dharam Chand Chaudhary, J. 1. Police report has been filed and the Investigating Officer, ASI Pradeep Thakur, Police Station, Baddi, District Solan has also produced the record. Heard. The petitioner, who is an accused in FIR No. 73/13 registered under Section 279, 304(AA) IPC and 187 of Motor Vehicles Act in Police Station, Baddi, District Solan, on 14.5.2013 has been arrested by the police on that very day and is presently in the judicial custody. The investigation is almost all complete as only the report from Forensic Science Laboratory in respect of the sample of blood and urine is left to be collected. 2. Be it stated that the accident allegedly occurred on account of rash and negligent driving on the part of accused-petitioner has taken away a valuable human life as constable Sumit Sen, aged 27 years, First Indian Reserve Battalion, on the way to attend night duty in the Police Barrier at Barotiwala on Scooter No. HP-33A-4118 sustained grievous injuries in this accident and died on the spot, however, in the case of accidental deaths the element of intention to kill generally is not there nor is there any complaint of this nature in the present case. The fact, however, remains that the present is a case of accident, and death of the victim also an accidental. Whether the accused-petitioner was driving the offending Tempo bearing No. HP-12E-5115 in a rash and negligent manner or while being under the influence of liquor is the fact to be proved by the prosecution at an appropriate stage and in due course during his trial in a competent Court. 3. The report front the Forensic Science Laboratory has not yet been received to ascertain the degree of alcohol the accused-petitioner had consumed. The observations in the MLC that the accused was smelling of alcohol and was not able to walk in straight line, no doubt, prima facie reveal that he was driving the Tempo while being under the influence of liquor, however, what was the degree of the alcohol so consumed by him is yet to be ascertained on the receipt of the report of Chemical Examiner and also during the course of trial in due course. 4. 4. At this stage, the point in issue needs consideration is that the evidence collected by the investigating agency alone is sufficient to curtail the liberty and freedom of the accused-petitioner when investigation in almost all complete and he is no more required for the purpose of interrogation. 5. It is well settled that an offender booked for the commission of an offence has to be treated innocent unless or until otherwise held guilty by a competent Court after holding full trial. However, at the time of consideration of a prayer for the grant of bail, the paramount consideration should be the satisfaction of the Court seized of the matter qua availability of the accused for the purpose of interrogation or ultimately at the time of trial. In the totality of circumstances, this Court is satisfied that there is no likelihood of the accused-petitioner to flee away from justice being a resident of village Dhella, Post Office Gurumazra, which, falls within the jurisdiction of Police Station Baddi. Even suitable condition restricting his movement can also be imposed upon him to ensure his presence during the course of trial. No doubt, the accident has taken away the life of a young police constable aged 27 years. The record reveals that the accused-petitioner is also 28 years of age and as per the averments in the petition, the petitioner is sole bread earner in the family consisting of his old parents, wife and minor children. The trial of the case registered against him may take some time for its completion. Therefore, in the given facts and circumstances, this Court feels that till the conclusion of the trial his further detention in jail would not only be harsh and oppressive but unwarranted also. Being so, this petition succeeds and the same is accordingly allowed. It is directed that the accused petitioner shall be released on bail, subject to his furnishing personal bond in the sum of Rs. 50,000/- with two local sureties each in the like amount to the satisfaction of learned Judicial Magistrate 1st Class, Court No. 1, Nalagurh. He is directed to join the investigation as and when required to do so by the Investigating Officer. He shall also not tamper with the prosecution evidence and hamper the investigation and ultimately the proceedings in the trial in any manner whatsoever. He is directed to join the investigation as and when required to do so by the Investigating Officer. He shall also not tamper with the prosecution evidence and hamper the investigation and ultimately the proceedings in the trial in any manner whatsoever. He is further directed not to leave the territory of India without the prior permission of the Court. He shall not dissuade or influence the prosecution witnesses from deposing truth in the Court. The Investigating Agency shall be at liberty to initiate appropriate proceedings against the accused for cancellation of the liberty of bail as granted in the event of the violation of any of the conditions hereinabove imposed upon the accused-petitioner. The application stands disposed of. The observations hereinabove shall remain confined to the disposal of this petition and have no bearing on the merits of the case.