While granting bail to a man accused of rash driving, which resulted in his friend’s death, the Allahabad High Court recently imposed a specific condition and ordered him to remain present at the gate of AIIMS, Delhi for two hours daily for 15 days holding a placard having written on it — ‘Wear Helmet and Drive Safely’.
The court also ordered the accused to distribute 15 helmets and 25 copies of a notification of 2015 issued by the Ministry of Road Transport and Highways regarding the protection of ‘Good Samaritans’ from the persons who enter AIIMS, Delhi without wearing a helmet.
Accused Shakti Singh was booked for negligent driving which had resulted in the death of his friend. The FIR was lodged by the uncle of the deceased against three, including Singh.
It was alleged that Singh and the other two named along with the deceased were going on a joy ride from Delhi to Haridwar on two motorcycles. Singh was driving a motorcycle with the deceased being pillion rider. Singh’s motorcycle met with an accident in which he suffered injuries but his succumbed to injuries while being taken to a hospital. Thereafter, Singh and the co-accused allegedly threw their friend’s body and ran away.
Initially, the FIR was lodged under Sections 279, 304-A (Causing death by negligence), 337, and 201 of the IPC, and the accused were granted bail as all the offences were bailable.
However, after investigation, a charge sheet was filed under Sections 304 (culpable homicide not amounting to murder) and 201 of the IPC. The Sessions Judge denied bail to Singh in December last year. Singh later moved the high court.
Before the single judge bench of Justice Saurabh Shyam Shamshery, Singh’s counsel argued that even if the prosecution story was accepted on the face of it, Singh’s conviction would not go beyond 304 Part-II of the IPC.
The government counsel, however, argued that Singh and the co-accused were not able to provide medical assistance to the deceased and instead threw away his dead body, which showed their intention to cause death, therefore, the case would fall under Part-I of Section 304 of the IPC.
The court opined that in the present case, where a joy ride turned into a tragic ride, Singh and other co-accused appeared to be negligent as they had not discharged their duty to help the injured friend.
However, the court agreed with the submission of the counsel for Singh that above narrated facts, if are proved in trial, Singh and co-accused may be convicted only under Section 304 Part-II.
“…as prima facie evidence in regard to ‘intention to cause death’ is not supported prima facie by cogent evidence whereas it may be a case where they have knowledge that by their act it was likely to cause death,” the court stated.
Besides, the court said from the material on record, it was not clear whether deceased Singh and co-accused wore helmet at time of accident or not.
Therefore, while allowing Singh’s bail plea, the court ordered that after his release from jail, Singh will report at the Police Station, Hauz Khas, Delhi and the SHO will depute him near AIIMS Delhi for 15 days from May 1 to May 15 for two hours i.e. from 9.00 am to 11.00 am daily to hold the said placard.
The court also directed the SHO to send a report to the Registrar (Compliance), Allahabad High Court before the next hearing on May 23.
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