Sunday 27 October 2024

Under Which circumstances, the Session Judge should reject the Anticipatory bail application of accused?

The applicant was inebriated at the time of

incident. It was a dash by his vehicle to the scooty of

the deceased resulted into the death of two persons and

severely injured one child. Thus the offence ought to

have been hit and run by a drunk person within ambit

of Section 304 of the Indian Penal Code. The

investigating officers have not chosen to add this

offence and added Section 304A and 279 of Indian

Penal Code in order to extend helping hand to accused

to release him on bail. {Para 17}

18. However learned D.G.P. as well as informant have

brought to the notice of this Court all these intentional

lapses by the investigating agency as such, this Court

cannot be act as a mute spectator to see the foul play by

the investigating agency. Thus the judicial activism

comes into play and the intervention by the court is the

ultimate requirement of it. On face of record in the

light of submission, the prima facie case is within ambit

of Section 304 of Indian Penal Code.

19. In addition after the incident, the informant has

chosen to take the photographs as well as videos of the

incident. The applicant got annoyed and slapped to the

informant on his check and caught hold his collar. Thus

the subsequent conduct of this applicant speaks of his

arrogance toward the police officer on duty.”

8. Learned Senior Advocate Mr.Ponda appearing for Applicant,

however, tried to explain the behaviour of the Applicant on the

ground that he is under medication on the ground of anxiety since

the year 2010 when his elder brother met with an accident in the

year 2010. It is tried to impress upon the Court that he was not intoxicated but due to anxiety he behaved in different manner. It is further argued that there is no evidence available on record to show that he was inebriated as no blood sample was taken.

9. The said contentions cannot be considered considering the seriousness of the offence and overall conduct and behavior of the Applicant. Moreover, it can be seen that how the Applicant is influential which he appeared to have used after the incidence and because of which in presence of police he could flee away and which is the reason for not having blood sample of the Applicant. Thus, in this matter, benefit of the fact that blood sample was not taken, cannot be given to such person.

11. In view of the above referred observations, there is every

likelihood that if the Applicant is released on bail, he may tamper

with the prosecution evidence and pressurize the witnesses. Thus, I

am not inclined to grant bail. Accordingly the application is rejected.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL BAIL APPLICATION NO.3412 OF 2024

Jay Chandrahas Gharat Vs  The State of Maharashtra

CORAM : ANIL S.KILOR, J.

DATE : 25th October 2024


1. Heard.

2. By this application under Section 439 of the Code of Criminal

Procedure the applicant is seeking bail in Crime No.168 of 2024

registered with Uran Police Station, Navi Mumbai, for the offences

punishable under Sections 201, 279, 304, 304(2), 338, 353, 504 of

Indian Penal Code r/w Sections 134(A), 134(B) and 184 of Motor

Vehicle Act.

3. Having gone through the charge sheet and relevant material

and most importantly the order of the Sessions Judge rejecting the

application of the Applicant for grant of bail, I am of the opinion that


this is not a fit case for grant of bail. The reasons to arrive at such a

conclusion are as follow.

4. The prosecution story is that the informant is a Railway Police

Force (RPF) constable. On 6th April 2024 he was on duty at Uran

Railway Station at 22.00 hours till 7th April 2024 at 7.00 a.m. At

about 22.48 hours he was in front of the railway station. That time

he heard the noise and seen the smoke from the road. Thus he

rushed towards the road. One girl child aged 3 years was lying on

the road in injured condition. The blood was oozing from her head.

One white Creta car bearing No.MH-46-BV-5000 was at a distance of

50 meters from the gate of the railway station. The said vehicle was

in damaged condition. One scooty bearing No.MH-43-AA-1459 was

lying adjacent to the road and it was broken into pieces. The said

Creta car dashed to the scooty. The parents of the child were lying in

injured condition. The adjoining people rushed over there.

5. The informant was standing near to the Creta car. That time

the driver of the Creata car get off from the car and rushed on his

person. He slapped to him and caught hold his coller. The Applicant

asked to the informant in vernacular “A bhosadike, ye padi huvi dead

body ko hata” and rushed on the persons present over there. The

informant came to know the name of the driver of Creta car from the

persons present over there. The informant hospitalized to the

injured child and her parents. The parents of the child died in this

incident. The girl child is presently in critical condition in Apollo

Hospital, Belapur.

6. In the backdrop of above referred prosecution story certain

facts relating to the conduct of the Applicant more particularly his

arrogance seen immediately after the incident is imperative to note.

Learned Sessions Judge in apt manner described it in his order dated

24th April 2024 while rejecting the bail application. It would be

beneficial to go through the said findings which read thus :

“9. On perusal of the recitals of FIR, it appears the

incident took place on 6.4.2024 at about 22.48 hours in

front of Uran Railway Station. The informant is a RPF

constable and he was on duty at the relevant time in

front of the railway station. The applicant was driving

the Creta car at the time of incident. The victim child is

presently aged 3 years. Her parents are died in the said

incident at the spot and their death declared by the

doctor at the hospital. The parents and the child were

on the Scooty at the time of incident. The Creta car has

given dash to the Scooty wherein parents of the child

expired and the child is in critical condition at Apollo

Hospital, CBD Belapur.

11. During course of hearing of this bail application,

the informant has played the video recorded in his

mobile at the time of incident. The said videos are

pertaining to the actual facts of the case. The said video

is played in presence of advocate of applicant, learned

D.G.P. and investigating officer in open court. On

perusal of the said videos which are put it on record in

pen drive, it is evident that it was a severe dash by the

Creta car to the scooty. It was severe damage to the

vehicle at such front portion of the Creta car was totally

damaged and the scooty was broken into the pieces. It

depicts the severity of the dash. The scooty after dash

has pushed at a long distance. The child and her

parents were lying on the ground in a critical condition

of which parents were expired at the spot.

12. The said video further disclosed presence of this

applicant inside the car. The applicant was inebriated.

After the incident, the informant immediately contacted

to the local police. The traffic police as well as police

constable from Uran Police station rushed at the spot.

The applicant came outside the vehicle and seated on a

two wheeler in presence of police and then he was

moved away from the spot. The applicant was not in a

position to walk properly while sitting on the scooty

which depicts his inebriated condition.

13. The crime is registered on 7.4.2024. Initially the

investigation of this crime is assigned to PSI Shri Amol

Khade. Subsequently the investigation of this crime is

assigned to Police Inspector (Crime) Shri Suryakant

Kamble, Uran Police Station. During course of

investigation by the first investigating officer, he drew

spot panchanama and recorded statements of the

witnesses. The subsequent investigating officer visited

Apollo Hospital and then at the hospital wherein the

applicant/accused subsequently admitted for treatment.

The first and the second investigating officer have not

chosen to collect the vital evidence of the videos from

the informant. Further the blood sample of the

applicant/accused was not collected at inception.

14. It appears as a intentional omission on the part of

both investigating offier for not collecting the above

vital and important piece of evidence. After the

incident, though the police were present at the spot, still

they have not chosen to arrest the accused and allowed

him to flee away from the spot. Thus, it shows

reluctance on the part of the police since inception of

the incident.

15. After the incident during night on 6.4.2024, then

this applicant has chosen to admit himself in a private

hospital on 10.4.2024 in order to move this application

for pre-arrest bail which is filed on 15-4-2024 in order

to crave sympathy of the court. This court by virtue of

order dated 16-4-2024 granted interim protection to the

applicant in the light of submission on behalf of learned

advocate of applicant and next date of hearing is listed

today. The applicant was directed to attend the police

station on every third Sunday. Astonishingly, the

applicant got the discharge on the third Sunday i.e. on

21.4.2024 and attended to the police station on

22.4.2024. Thus the stand taken by the applicant of his

surgery of nose post incident was nothing but attempt

to create empathy for grant of pre-arrest bail.

17. The applicant was inebriated at the time of

incident. It was a dash by his vehicle to the scooty of

the deceased resulted into the death of two persons and

severely injured one child. Thus the offence ought to

have been hit and run by a drunk person within ambit

of Section 304 of the Indian Penal Code. The

investigating officers have not chosen to add this

offence and added Section 304A and 279 of Indian

Penal Code in order to extend helping hand to accused

to release him on bail.

18. However learned D.G.P. as well as informant have

brought to the notice of this Court all these intentional

lapses by the investigating agency as such, this Court

cannot be act as a mute spectator to see the foul play by

the investigating agency. Thus the judicial activism

comes into play and the intervention by the court is the

ultimate requirement of it. On face of record in the

light of submission, the prima facie case is within ambit

of Section 304 of Indian Penal Code.

19. In addition after the incident, the informant has

chosen to take the photographs as well as videos of the

incident. The applicant got annoyed and slapped to the

informant on his check and caught hold his collar. Thus

the subsequent conduct of this applicant speaks of his

arrogance toward the police officer on duty.”

7. Learned Sessions Judge in view of the above referred

observations while rejecting the anticipatory bail application moved

by the Applicant forwarded a copy to Commissioner of Police, Navi

Mumbai, for appropriate action against both the Investigating

Officers namely PSI Shri Amol Khade and Police Inspector Shri

Suryakant Kamble for intentional lapses as observed in his order as

well as action against police from Uran Police Station and the traffic

police who allowed the accused to run away from the spot.

8. Learned Senior Advocate Mr.Ponda appearing for Applicant,

however, tried to explain the behaviour of the Applicant on the

ground that he is under medication on the ground of anxiety since

the year 2010 when his elder brother met with an accident in the

year 2010. It is tried to impress upon the Court that he was not

intoxicated but due to anxiety he behaved in different manner. It is

further argued that there is no evidence available on record to show

that he was inebriated as no blood sample was taken.

9. The said contentions cannot be considered considering the

seriousness of the offence and overall conduct and behaviour of the

Applicant. Moreover, it can be seen that how the Applicant is

influential which he appeared to have used after the incidence and

because of which in presence of police he could flee away and which

is the reason for not having blood sample of the Applicant. Thus, in

this matter, benefit of the fact that blood sample was not taken,

cannot be given to such person.

10. It is pointed out that family of the Applicant has spent lakhs of

rupees for the treatment of the injured girl. No doubt such an

approach towards injured girl is appreciable, but it will not help to

wash out grave illegalities and inhumane behaviour and approach

shown by the Applicant immediately after the incident.

11. In view of the above referred observations, there is every

likelihood that if the Applicant is released on bail, he may tamper

with the prosecution evidence and pressurize the witnesses. Thus, I

am not inclined to grant bail. Accordingly the application is rejected.

12. The Commissioner of Police, Navi Mumbai, shall produce a

copy of inquiry, if any, made and action taken against P.S.I. Shri Amol

Khade and Police Inspector Shri Suryakant Kamble, and against the

police from Uram Police Station and Traffic Police who rushed at the

spot allowing the accused to flee from the spot, as directed by

learned Additional Sessions Judge, Panvel vide order dated 24th April 2024.


13. The Registry to communicate this order to the Commissioner

of Police, Navi Mumbai, and seek compliance by 12th November

2024.

14. Place this matter before the Court on 13th November 2024.

(ANIL S.KILOR, J.)


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