Jatinder Pal Singh alias Sonu vs State of Union Territory of Chandigarh

R.L. Anand, J.

With this order, I am disposing of Crl. Misc. No. 18546 M/1997 and 18840M/1997.

The sentiments of father can be well understood because he has lost his educated daughter like Ms. Manisha, who was an Advocate, but sentiments would always yield place to law which is supreme in our country. At one stage the allegation of the prosecution was that on 25.2.96 Ms. Manisha died in a road accident when the offending vehicle was driven rashly and negligently by Jitender Pal Singh alias Sonu. On these allegations a case was initially registered under Section 279 read with Section 337 IPC. After a lapse of four months and when the case was handed over for further investigation to a gazetted officer, the allegations of the prosecution were changed to Section 302 IPC read with Section 307 IPC., against all the seven persons including the two petitioners Jatinder Pal Singh alias Sonu and Chatinder Pal Singh S/o Sh. Rajinder Singh. Now the final shape which has been taken by the prosecution is that present two petitioners have caused the death of Ms. Manisha intentionally by striking a car against the scooter on which Manisha and her mother were travelling. It is the case of the prosecution itself that the mother of the deceased Harjit Kaur also sustained injuries, but strange enough her version is coming for the first time after a period of two months i.e. in the month of April, 1996 when she filed an affidavit. The inordinate delay in conversion of the story casts a reasonable doubt with regard to the genuineness of the allegations made by Smt. Harjit Kaur, making a prima facie case for bail because it is a debatable point for the trial Court to ascertain whether offence has been committed under Section 304 IPC or Section 302 IPC. Need not to mention that vide order dated 14.8.97 passed by Hon''ble Mr. Justice S.S. Sudhalkar in this very FIR, some observations have been made by his Lordship clearly hinting that at the most it is case under section 304 IPC. In this view of the matter when a debatable issue with regard to the gravity of the offence is left for the trial Court, this Court is of the considered opinion that a case for bail to the petitioners is made out. They are granted bail to the satisfaction of CJM, Chandigarh.