MONIKA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an application filed under Section 438 Cr.P.C. seeking pre-arrest bail in case FIR No. 162 dated 22.8.2003, registered under Sections 304/304-A/279/427 IPC at Police Station Bhawanigarh, Distt. Sangrur. Initially, the case was registered under Sections 304-A/279/427 IPC. However, lateron on the statement of one Jagseer Singh Ex-Sarpanch of village Phumanwala recorded on 29.8.2003 and the offence under Section 304 IPC has been added because the Ex-Sarpanch has stated that a beer bottle and a Walkman were lying there in the car belonging to the petitioner.

(2.) MR . R.S. Ghai, learned counsel for the petitioner states at the bar that he withdraws the averments made in para 4 of the petition. He has further argued that even in Salman Salim Khan's case (Mark 'A') the benefit of bail was granted by the Bombay High Court and charge under Section 304 IPC was quashed in Criminal Writ Petition No. 2467 of 2003, decided on 3.9.2003. According to the learned counsel the petitioner who is a doctor has also suffered serious injuries. There is no enmity between the petitioner and the deceased.

(3.) THE question at this stage which requires consideration is as to whether the petitioner who is a doctor by profession, suffered injuries in the accident and is hospitalised, is likely to flee from the trial and influence the prosecution witnesses. In my opinion the petitioner is unlikely to flee from the trial and she has to remain bound by the conditions of this order.