Allowed¶10

State v. Harbir

Delhi HC29 Jul 2025CRL.L.P./296/2018

Case brief

AI extract

What is this about?

Leave to appeal against acquittal; Sections 279/304A IPC (rash driving / causing death by negligence); bus accident; PW-1 eyewitness testimony of driver suddenly moving bus during deboarding; Metropolitan Magistrate, Karkardooma Courts, Shahdara; PS Seemapuri; State v. Harbir; leave granted; appeal admitted; personal bond Rs. 10,000 with one surety; Justice Amit Mahajan; order dated 29.07.2025; CRL.L.P. 296/2018.

What did the court decide?

Leave to appeal granted against the acquittal judgment dated 20.11.2017; the appeal (to be numbered) admitted; Respondent directed to furnish a personal bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the Joint Registrar on 01.08.2025; petition disposed of in those terms. ¶10

State Vs Harbir — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether leave to appeal should be granted to the State against the judgment dated 20.11.2017 of the learned Metropolitan Magistrate acquitting the Respondent for offence under Sections 279/304A of the Indian Penal Code, 1860.

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Court's answer

From the testimony of PW-1, who was accompanying the victim, the Court found it clear that the driver stopped the bus at the request of the victim and PW-1 and, while they were deboarding, the respondent driver suddenly drove the bus before the victim could get down.

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Ratio / Principle

In view of the PW-1 testimony, the Court held that the matter required consideration and granted the State's leave to appeal against the acquittal judgment dated 20.11.2017.

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Key takeaways

The criminal appeal arising out of the granted leave is admitted, with the Respondent to furnish a personal bond of Rs. 10,000/- with one surety of the like amount.ratio¶17

Detailed headnote1 paragraphs

Delhi High Court (Amit Mahajan, J.) allowed the State's leave petition (CRL.L.P. 296/2018) against the judgment dated 20.11.2017 of the learned Metropolitan Magistrate, Karkardooma Courts, Shahdara, acquitting the Respondent Harbir for offences under Sections 279/304A of the Indian Penal Code, 1860. Relying on the testimony of PW-1, accompanying the victim, that the driver stopped the bus at their request and suddenly drove it while they were deboarding, the Court granted leave to appeal, admitted the resulting Criminal Appeal (to be numbered)/2025, and directed the Respondent to furnish a personal bond of Rs. 10,000/- with one surety of the like amount to the satisfaction of the Joint Registrar on 01.08.2025.

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$~14

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.L.P. 296/2018

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STATE		.....Petitioner
	Through:	Ms. Richa Dhawan, APP for the State
		SI Nagendra, PS- Seemapuri
	versus
HARBIR		.....Respondent
	Through:	Mr. Sanjeev Kumar,
		Ms. Rakhi Tyagi, Mr.
		Aditya Sagar & Ms. Sapna Sagar, Advs.

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CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN

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O R D E R % 29.07.2025

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The present petition is filed seeking leave to appeal against the judgment dated 20.11.2017, passed by the learned Metropolitan Magistrate ( MM ), Karkardooma Courts, Shahdara, Delhi, pursuant to which the Respondent was acquitted for offence under Sections 279/304A of the Indian Penal Code, 1860.

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From the testimony of PW-1 who was accompanying the victim, it is clear that she had categorically deposed that the driver stopped the bus at the request of the victim and PW-1 and while they were deboarding, the respondent driver suddenly drove the bus before the victim could get down.

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The matter requires consideration.

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In view of the above, the leave to appeal is granted and the

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appeal be numbered as Criminal Appeal …………/2025 (to be

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/08/2025 at 12:39:35

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numbered) .

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The present petition is disposed of in the aforesaid terms.

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Criminal Appeal …………/2025 (to be numbered)

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The appeal is Admitted.

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List in due course.

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Respondent shall furnish a personal bond in the sum of ₹10,000/- with one surety of the like amount, to the satisfaction of the Joint Registrar on 01.08.2025.

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AMIT MAHAJAN, J

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JULY 29, 2025 “SS”

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/08/2025 at 12:39:35

State v. Harbir

Case brief

What is this about?

What did the court decide?

State v. Harbir

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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