Caused Death & Miscarriage: Rajasthan HC Rejects Bail Application Of A Doctor Who Was Drunken Driving Inside A Hospital

The Rajasthan High Court at Jodhpur recently rejected the bail application of a Government Doctor who allegedly in an inebriated state rammed into the general public/patients, standing at the gate of the Government Hospital, resulting in the spot death of one person, a miscarriage of a pregnant woman and injury of 4-5 persons. 

The Single Judge Bench of Justice Kuldeep Mathur while refusing to grant bail to the doctor, accused under the offence of Section 304 of the Indian Penal Code, noted that "In the present case, the appellant who is working as a doctor in a Government hospital, saddled with the moral obligation of providing treatment to ailing patients has despite being aware of ill effects of drunken driving, in an inebriated state driven his car on a highly congested road inside the hospital in which he worked, resulting in death of a person, a pregnant woman’s miscarriage and injuries to 4-5 other persons."

Advocate Rakesh Arora appeared for the Petitioner while Public Prosecutor Laxman Solanki appeared for the State.

Considering the submissions, the High Court to distinguish the offence between Section 304 and Section 304-A of the IPC relied on the judgment of the Apex Court where in the case of Alister Anthony Pareira vs. State of Maharashtra reported in 2012 2 SCC 648, it was held as under: "Rash and negligent driving on a public road with the knowledge of the dangerous character and the likely effect of the act and resulting in death may fall in the category of culpable homicide not amounting to murder. A person, doing an act of rash or negligent driving, if aware of a risk that a particular consequence is likely to result and that result occurs, may be held guilty not only of the act but also of the result. As a matter of law in view of the provisions of IPC, the cases which fall within the last clause of Section 299 but not within clause "Fourthly" of Section 300 may cover the cases of rash and negligent act done with the knowledge of the likelihood of dangerous consequences and may entail punishment under Section 304 Part II IPC. Section 304-A IPC takes out its ambit the cases of death of any person by doing any rash or negligent act amounting to culpable homicide of either description”

The High Court further observed that it has no hesitation in reaching a prima facie conclusion that the appellant who is a doctor by profession was well aware of the consequences of driving the car in an inebriated state under the influence of liquor.

The Bench further said that "In the prima facie opinion of this Court, the incidents of speeding and drunken driving are increasing day by day and are the major contributing factors in the road accidents. While granting bails in such matter, the seriousness of the accusations has to be taken into consideration. The cases of such nature just cannot be compared with the cases where a person causes death by rash or negligent driving."

Observing that the findings recorded and observations made above are for limited purposes of adjudication of the bail application and the trial court shall not get prejudiced by the same, the High Court rejected the bail application.

Cause Title: Yogendra Singh Negi v. State Of Rajasthan and Anr. [S.B. Criminal Appeal No. 51/2023]

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