Allowed

Surinder v. State of Haryana

Punjab & Haryana HC18 Sept 2024CRM-M/20448/2024

Case brief

AI extract

What is this about?

Regular bail sought under Section 439 CrPC by the driver of a Maruti van involved in a fatal road accident. The complainant did not support her earlier statement and absolved the accused during trial; the accused had undergone about seven months of custody. The court granted bail subject to standard bond conditions without commenting on merits.

What did the court decide?

Petitioner to be released on bail on furnishing bonds to the satisfaction of the concerned Court, subject to conditions including appearance on all dates and non-tampering with evidence/witnesses.

Surinder Vs State of Haryana — Bail and Remand | Punjab & Haryana HC (2024)

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CRM-M-20448-2024

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-20448-2024 Reserved on: 05.09.2024 Pronounced on: 18.09.2024

Surinder

...Pe��oner

Versus

State of Haryana

…Respondent

CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present: Mr. Anuj Sharma, Advocate for the pe��oner.

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Mr. Vikrant Pamboo, Sr. D.A.G, Haryana.

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ANOOP CHITKARA, J.

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FIR No.	Dated	Police Sta0on	Sec0ons
28	04.02.2024	Sector-14	279, 337, 338, 427, 304 Part 2 IPC
		Panchkula,Haryana	and Sec�on 185 MV Act

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The pe��oner incarcerated in the FIR cap�oned above had come up before this Court under Sec�on 439 CrPC, 1973 2023, seeking regular bail.

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The facts and allega�ons are being taken from reply dated 31.07.2024 filed by the State, which reads as follows:

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“3. That the brief facts of the case are that the present case was registered on the complaint of Gulecha Devi wife of Kailash Nath, wherein she has alleged that on 04.02.2024 it was Sunday and she alongwith her husband and two grandsons namely Aarav and Ayansh went to Nirankari Satsang Bhawan, Sector 9, Panchkula on Ac)va bearing registra)on No.HR-03-M-6393. A/er a0ending Satsang, they got filled petrol in their Ac)va from the petrol pump in Sector 14, Panchkula and were going through slip road. When they reached near the office of Municipal Corpora)on, a Maru) van being driven by its driver in a rash and negligent manner and in high speed came and hit their Ac)va. Resultantly, they fell down on the road and sustained mul)ple injuries. They were shi/ed to Civil Hospital, Sector 6, Panchkula by the passers-by where her younger grandson Ayansh died on account of injuries sustained in the accident. Her husband sustained fracture of his hand and leg and she also sustained internal injuries. She came to know the number of the offending Maru) van as No.CH-04-C-1198. Upon these allega)ons, the

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JYOTI 2024.09.18 15:53 I attest to the accuracy and integrity of this order/judgment.

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CRM-M-20448-2024

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present FIR was got registered. For the bare perusal of the FIR, it has been

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annexed with the main pe))on as Annexure P-2.”

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The pe��oner's counsel prays for bail by imposing any stringent condi�ons and contends that further pre-trial incarcera�on would cause an irreversible injus�ce to the pe��oner and their family.

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The State’s counsel opposes bail and refers to the reply.

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It would be appropriate to refer to the following por�ons of the reply, which read as follows:

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“4. That a/er registra)on of the FIR, the inves)ga)on was conducted in a fair and impar)al manner. During the course of inves)ga)on, through ERV/534 the incharge caught hold the offender and presented him in PS sector 14 Panchkula. A copy of the MLR is annexed herewith as ANNEXURE R-1. During the inves)ga)on, accidental vehicles were demarcated and the same were taken into possession vide a separate memo.

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xxx xxx xxx

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7. That during the inves)ga)on on dated 22.02.2024, the samples of the pe))oner regarding the consump)on of the liquor has been sent to the RFSL Moginand, Panchkula. In this regard, the report of the RFSL has been received and the doctor has opined "Exhibit -1 (blood) 2 (Blood) and 3 (Unine) was found to contain ethyl alcohol in the strength of 57.5 mg%, 51.75 mg%, and 63.25 mg%." The copy of the said report as RFSL is annexed herewith as Annexure R-2.”

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The complainant tes�fied in Court during trial and as per her statement placed on record, she did not support her earlier version and absolved the pe��oner.

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As per the custody cer�ficate dated 04.09.2024, the pe��oner’s total custody in this FIR is 07 months. Given the complainant's statement viz-a-viz pre-trial custody, coupled with the primafacie analysis of the nature of allega�ons, and the other factors peculiar to this case, there would be no jus�fiability further pre-trial incarcera�on at this stage.

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Without commen�ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men�oned above, the pe��oner makes a case for bail. This order shall come into force from the �me it is uploaded on this Court's official webpage.

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JYOTI 2024.09.18 15:53 I attest to the accuracy and integrity of this order/judgment.

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CRM-M-20448-2024

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Given above, provided the pe��oner is not required in any other case, the pe��oner shall be released on bail in the FIR cap�oned above subject to furnishing bonds to the sa�sfac�on of the concerned Court and due to unavailability before any nearest Illaqa Magistrate/duty Magistrate. Before accep�ng the surety, the concerned Court must be sa�sfied that if the accused fails to appear, such surety can produce the accused.

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While furnishing a personal bond, the pe��oner shall men�on the following personal iden�fica�on details:

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AADHAR number 2. Passport number (If available) and when the aBes�ng officer/court considers it appropriate or considers the accused a flight risk.

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Mobile number (If available) 4. E-Mail id (If available)

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This order is subject to the pe��oner’s complying with the following terms.

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The pe��oner shall abide by all statutory bond condi�ons and appear before the concerned Court(s) on all dates. The pe��oner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court.

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Any observa�on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments.

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A cer�fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe��oner can download this order along with case status from the official web page of this Court and aBest it to be a true copy. If the aBes�ng officer wants to verify its authen�city, such an officer can also verify its authen�city and may download and use the downloaded copy for aBes�ng bonds.

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Pe00on allowed in terms men�oned above. All pending applica�ons, if any, stand disposed of.

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18.09.2024 (ANOOP CHITKARA) Jyo)-II JUDGE Whether speaking/reasoned: Yes Whether reportable: No

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JYOTI 2024.09.18 15:53 I attest to the accuracy and integrity of this order/judgment.

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Surinder v. State of Haryana

Case brief

What is this about?

What did the court decide?

Surinder v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

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