The Gauhati High Court refused bail to the petitioner, a truck driver arrested for drunk driving causing a fatal accident, citing high risk of absconding and severe parameters of the offense.
Bail prayed for was refused at this stage; the application is disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010187322022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./2322/2022
ANAND BAGAWAR S/O MADMA BAGAWAR R/O 3 NO. POLICEMARI, GELAPUKHURI, BISWANATH, SONITPUR, PIN-784175
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MR. S C BISWAS
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 20-09-2022
Heard Mr. S.C. Biswas, learned counsel for the petitioner. Also heard Mr. Bhaskar Sarma, the learned Addl. P.P. for the State.
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sections 279/304/427/338 of the IPC, is seeking regular bail under section 439 IPC.
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Supreme Court of India in the case of Alister Anthony Pareria v. State of Maharashtra, (2012) 2 SCC 648, which is quoted below:-
World Health Organisation in the Global Status Report on Road Safety has pointed out that speeding and drunk driving are the major contributing factors in road accidents. According to National Crime Records Bureau (NCRB), the total number of deaths due to road accidents in India every year is now over 1,35,000. NCRB Report also states drunken driving as a major factor for road accidents. Our country has a dubious distinction of registering maximum number of deaths in road accidents. It is high time that law makers revisit the sentencing policy reflected in Section 304A IPC.
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result is returned.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether bail should be granted to the petitioner charged with rash driving causing death and drunken driving.
Colour shows how this judgement treated each authority
Alister Anthony Pareria v. State of MaharashtraReferred¶20
Alister Anthony Pareria v. State of Maharashtra, (2012) 2 SCC 648 · Who else cites this
State of National Capital Territory of Delhi & Anr. v. Sanjeev NandaReferred¶23
State Tr. P.S. Lodhi Colony, New Delhi v. Sanjeev Nanda, (2012) 8 SCC 450 · Who else cites this
Anand Bagawar
The State of Assam
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
