CRM-M-33866-2010(O&M) [ 1 ] ::::::: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-33866-2010(O&M) Date of decision:21.07.2011. Parmod Kumar alias Prince ...Petitioner Versus State of Punjab ...Respondent CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. R.P.Dhir, Advocate, for the petitioner. Mr. A.S.Rai, DAG, Punjab. ***** RAKESH KUMAR JAIN, J. This is a petition for grant of regular bail to the petitioner in a pending trial case registered vide FIR No.98 dated 04.10.2010, under Sections 304, 337, 336, 279, 34 IPC at Police Station Sadar Phagwara, District Kapurthala. Learned counsel for the petitioner has submitted that it is a case of accident for which only the offence under Section 304-A IPC could be attracted. Therefore, it is submitted that the petitioner deserves the concession of bail. On the other hand, learned State Counsel has stated that on 07.06.2011, the petitioner has been charge-sheeted as under: - “That on 04.10.2010, at about 3.15 p.m. in the area of Village Palahi you both shared common intention and in furtherance of the common intention you both accused committed culpable homicide not amounting to murder by causing the death of Rajvir Kaur, Jyoti, Baljinder Kaur, Jaswinder Kaur and thereby you CRM-M-33866-2010(O&M) [ 2 ] ::::::: committed an offence punishable under section 304 of the IPC read with section 34 of the IPC and within the cognizance of this Court. OR In the alternative, on the same date, time and place you both shared common intention and in furtherance of the common intention you accused Parmod Kumar @ Prince caused the death of Rajvir Kaur, Jyoti, Baljinder Kaur, Jaswinder Kaur by doing an act namely causing an accident by driving Bus No.PB-13E-5477 rashly and negligently not amounting to culpable homicide and thereby you committed an offence punishable under Section 304-A of the IPC whereas your co-accused committed offence punishable under section 304-A IPC read with Section 34 of the IPC and within the cognizance of this Court. Secondly, on the same date, time and place in furtherance of the common intention you accused Parmodh Kumar @ Prince drove a vehicle to wit Bus No.PB-13E-5477 on a public way i.e. Palahi Road in a manner so rash and negligent so as to endanger human life or likely to cause hurt or injury to any person and thereby you committed an offence under Section 279 of the IPC whereas your co-accused committed offence under section 279 IPC rws 34 of the IPC and within the cognizance of this Court. Thirdly, on the same date, time and place in furtherance of the common intention you accused Parmodh Kumar @ Prince drove a vehicle to wit Bus No.PB-13E-5477 so rash and negligent so as to endanger human life or personal safety of others and thereby you committed an offence under Section 336 of CRM-M-33866-2010(O&M) [ 3 ] ::::::: the IPC whereas your co-accused committed offence under section 336 IPC rws 34 of the IPC and within the cognizance of this Court. Fourthly, on the same date, time and place in furtherance of the common intention you accused Parmodh Kumar @ Prince caused hurt to the passengers Navjit Singh, Kulwinder Kaur, Navjot Kaur, Harjinder Kaur, Harpreet Kaur, Kuldeep Kumar, Nirmal Kaur, Harbans Kaur, Swaran Kaur, Resham Rani, by doing an act to wit driving Bus No.PB-13E-5477 so rashly or negligently so as to endanger human life or personal safety of others and thereby you committed an offence under section 337 of the IPC whereas your co-accused committed offence under section 337 IPC rws 34 of the IPC and within one cognizance of this Court.” It is further submitted that the aforesaid charge has not been challenged by the petitioner so far and the case is fixed before the learned Trial Court for prosecution evidence. It is pertinent to mention here that four persons have lost their lives and 17 persons have been injured because of the petitioner. Keeping in view the facts and circumstances of this case, I do not find it to be a fit case for grant of bail and hence, the present petition is hereby dismissed. July 21, 2011 (RAKESH KUMAR JAIN) vinod* JUDGE