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2018 Supreme(P&H) 4206

DAYA CHAUDHARY
Harjasneet Singh Chahal – Appellant
Versus
U. T. Chandigarh – Respondent


Advocates Appeared:
P.S. Ahluwalia, Advocate for the Petitioner; Manish Jain, APP for U.T, Chandigarh; Terminder Singh, Advocate for the Complainant

JUDGMENT

Daya Chaudhary, J. - The present petition has been filed under Section 439 Cr.P.C., 1973 for grant of regular bail to petitioner-Harjasneet Singh Chahal in case FIR No. 139 dated 6.8.2017 registered under Sections 279 and 304-A IPC (Section 304 IPC added later on) at Police Station North Sector-3, Chandigarh.

2. Learned counsel for the petitioner contends that the petitioner has falsely been implicated in this case, whereas, no offence is made out under Section 304 IPC. Initially the FIR was registered for offences punishable under Sections 279 and 304-A IPC but Section 304 IPC was added subsequently. As per allegations in the FIR, death has occurred due to rash and negligent act of the driver of offending vehicle bearing registration No. PB-03F-0004. Learned counsel further contends that the offences under Sections 279 and 304-A IPC are bailable but just to make the offence non-bailable offence under Section 304 IPC has been added and ultimately the challan has also been presented under Section 304 IPC. Learned counsel also contends that this Court while dismissing the anticipatory bail petition of the petitioner on 20.12.2017 gave a direction that in case the petitioner s

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