Chandra Pal Singh Choudhary vs Vijit Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2009 Supreme(Raj) 353

2009(1) CCR 511 (Raj.)
(Rajasthan High Court)
Jaipur Bench
Chandra Pal Singh Choudhary Vs. Vijit Singh & Anr. (Bhagwati, J.)
HON'BLE MAHESH BHAGWATI, J.
Chandra Pal Singh Choudhary
Versus
Vijit Singh & Anr.
S.B. Criminal Revision Petition No. 101 of 2009 With S.B. Criminal Revision Petition No. 121 of 2009, decided on 03.03.2009

Advocates Appeared
Mrs. Sonia Shandilya, for Petitioner, in Petition No. 101/2009;
N.A. Naqvi, Addl. Advocate General, for State, in Petition No. 121/2009;
Mr. S.R. Bajwa with Mr. V.R. Bajwa, for Respondent

Headnote:(a) Cr.P.C., 1973, Sec. 397(2) — Revision petition — Petition filed against order of learned Sessions Judge with regard to the prayer of canceling bail, already granted by the police — Scope of interlocutory order or judgment — Held — In ordinary sense of the term, an interlocutory is one which only decides a particular aspect or particular issue or a particular matter in proceeding — Order of learned Sessions Judge dismissing the prayer for canceling bail, already granted by the Police is a final order as the proceedings in this matter as a whole culminated — It is not an interlocutory order and revision u/Sec. 397(2) lies. (Paras 17 & 18)
        ¼d½ na-iz-la-] 1973] /kkjk 397¼2½ & iqujh{k.k ;kfpdk & iqfyl }kjk iwoZ esa eatwj dh tk pqdh tekur dks fujLr djus gsrq izkFkZuk ckcr~ fo}ku lSku U;k;k/khk ds vknsk ds fo:) ;kfpdk nk;j dh & vUroZrhZ vknsk ;k fu.kZ; dh O;kfIr & vfHkfu/kkZfjr & fucU/kuksa ds lkekU; vFkZ esa ,d vUroZrhZ vknsk og vknsk gksrk gS tks dk;Zokgh esa fdlh igyw foks"k ;k fdlh fook|d foks"k ;k fo"k; foks"k dks gh fofufpr djrk gS & iqfyl }kjk iwoZ esa eatwj dh tk pqdh tekur fujLr djus gsrq izkFkZuk dks [kkfjt djus okyk fo}ku lSku U;k;k/khk dk vknsk ,d vfUre vknsk gS D;ksafd bl ekeys esa lEiw.kZ dk;Zokgh fk[kj ij igq¡p pqdh gS & ;g dksbZ vUroZrhZ vknsk ugha gS vkSj /kkjk 397¼2½ ds rgr iqujh{k.k gks ldsxhA ¼in la- 17 o 18½
       (b) Penal Code, Secs. 279, 337, 304-A, Motor Vehicles Act, 1988, Sec. 134/187, 185 and Cr.P.C., 1973, Sec. 439(2) — Cancellation of bail — Investigating Officer on account of all the offences u/Sec. 279, 337 and 304-A of IPC being bailable released the accused — Investigating Officer found that the offence u/Sec. 304 IPC was established — Application for cancellation of bail filed and rejected by the Sessions Judge — Revision filed — Held — Bail cannot be cancelled merely on the ground that the offence of Sec. 304-A IPC has been converted into Sec. 304 IPC which is non-bailable. (Para 53)
       Both the revision petitions dismissed.
        ¼[k½ n.M lafgrk] /kkjk 279] 337] 304-d] eksVj ;ku vf/kfu;e] /kkjk 134@187] 185 na-iz-la-] 1973] /kkjk 439¼2½ & tekur dk fujLr djuk & /kkjk 279] 337 ,oa 304-d Hkk-na-la- ds rgr vijk/k tekurh vijk/k gksus ds dkj.k vUos"k.k vf/kdkjh us vfHk;qä dks fjgk fd;k & vUos"k.k vf/kdkjh us ik;k fd /kkjk 304 Hkk-na-la- ds rgr vijk/k LFkkfir gqvk & tekur fujLr djus gsrq vkosnu nk;j fd;k tks lSku U;k;k/khk }kjk fujLr fd;k x;k & iqujh{k.k nk;j dh & vfHkfu/kkZfjr & ek= bl vk/kkj ij tekur fujLr ugha dh tk ldrh fd /kkjk 304-d Hkk-na-la- dk vijk/k Hkk-na-la- dh /kkjk 304 esa rCnhy fd;k tk pqdk gS tks fd xSj tekurh vijk/k gSA ¼in la- 53½
       nksuksa iqujh{k.k ;kfpdk;s [kkfjt dhA

Judgment

Hon'ble BHAGWATI, J.—Since, both the aforesaid criminal petitions arise out and pertain to order dated 9 January, 2009 rendered by the learned Sessions Judge, Jaipur City, Jaipur, whereby, petitions filed by the revisionists under Section 439 (2) of Cr.P.C. were dismissed, they are being disposed of by this common order.

2. The facts necessary for the disposal of these revision petitions succinctly stated are:-

That on 14 December, 2008, the students of Institute of Business and Bio- Science, Kota, came on tour and after visiting Behrod arrived at Jaipur on 15 December, 2008. Having parked the Bus way side of the road near Gandhi Nagar crossing, when the students at 10:45 p.m. were in process of crossing the road through Zebra lines to reach at restaurant situated on Tonk Road, one car of black colour, came at a fast speed rashly and negligently and caused violent hit and run accident resulting in the death of Kr. Babita Choudhary and injuries to Kumari Gauri, Kumari Maninder Kaur, Kumari Shaifali and Mukesh. The number of VOLKSWAGEN Car was RJ-14 CF 5975. The injured girls were taken to S.M.S. Hospital in Ambulance where Kumari Babita was declared dead by the Doctors. The S.H.O. police station Accident, (East), sent the report of this accident to police station Gandhi Nagar where FIR No. 580/08 came to be registered in the offences under Sections 279, 337 and 304-A of IPC and the investigation commenced.

3. It is also, alleged that having received the information of the accident, both S.H.O. police station Accident (East) and S.H.O. police station, Gandhi Nagar chased the vehicle which had caused this accident. The S.H.O. intercepted the vehicle NO. RJ 14 CF 5975 and the driver of the vehicle Vijit Singh S/o. Prithvi Singh was taken into custody and produced for medical examination before the Medical Jurist, S.M.S. Hospital, Jaipur as he was found drunk. The samples of blood and urine were taken by the Medical Jurist and duly sent for chemical examination to FSL, Jaipur. Thereafter, at 5.00 a.m., the accused respondent Vijit Singh was released on bail by the Investigating Officer on account of all the offences under Sections 279, 337 and 304-A of IPC being bailable.

4. During investigation, the Investigating Officer recorded the statements of the witnesses acquainted with the facts and circumstances of the case under Section 161 of Cr.P.C., collected the relevant material and the FSL report pertaining to the blood and urine samples of the respondent. The FSL report gave a positive test to 92.00mg/100ml quantity of Ethyl Alcohol in the blood samples and 126.50mg/100ml quantity of Ethyl Alcohol in the urine of accused Vijit Singh. After receiving the FSL report with regard to urine and blood samples of the respondent, and recording the statements of the witnesses, the Investigating Officer found that the offence under Section 304 of IPC was established instead of Section 304-A of IPC and thereafter he apprised the senior police officers with this development. The Investigating Officer finally formed an opinion that the offences under Section 279, 337, 338 and 304 of IPC and Section 134/187, 185 of Motor Vehicle Act were fully established against the respondent Vijit Singh.

5. Since the offences under Sections 279, 337 and 304-A of IPC and Section 134/187 of Motor Vehicle Act were bailable. The Investigating Officer released the respondent Vijit Singh on bail on furnishing bail bonds on 16 December, 2008 itself. The offence under Section 304 of IPC being of grave nature and non-bailable, the revisionists applied for cancellation of bail under Section 439(2) of Cr.P.C. before the learned Sessions Judge, Jaipur City, Jaipur, who dismissed the same on 9 January, 2009. The revisionist felt aggrieved with this impugned orders and hence these revisions.

6. Heard learned counsel for the revisionist as also the learned A.A.G. for the State, and scanned the relevant material available on record.

7. Learned counsel for the revisionist ha

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2009 Supreme(Raj) 353

Cases Referred (8)