SANJIV NANDA Vs. STATE

JUDGEMENT

(1.) The petitioner is seeking bail under Section 439 of the Code of Criminal Procedure (for short the' Code') in FIR No.17/99 registered at P.S. Lodi Colony, New Delhi under Sections 338/304/201/34 Indian Penal Code in the case now commonly known as "BMW Accident Case".

(2.) Briefly the facts as emerged during investigation so far are as follows.

(3.) Rajan Kumar, a CRPF Constable with Peru Lal and Ram Raj, two Home Guards of Delhi Police were on picket duty at Lodhi Road near Car Care Centre Petrol Pump during the night of 9-10 January, 1999. Four persons, namely, Manoj, Mehdi Hasan, Nashir and Gulab while going towards Nizamuddin railway station were intercepted by the said police picket for interrogation/checking. At about 4.30 a.m. car No. M-312 LYP driven by the petitioner came from the side of Nizamuddin, took turn towards extreme left side, struck against the seven persons present there and after so hitting the car went towards the right side and after covering some distance, after striking the central dividing verge, swerved towards left with the central verge and then stopped for a while, the driver and one of his colleague sitting with him got down from the car, both saw below and then the petitioner drove away the car, leaving behind the persons after dragging them for some distance.