Supreme Court: While considering the instant petition seeking bail for the offences registered under Sections 201, 279, 304, 304(2), 338, 353, 504 of the Penal Code, 1860 read with Sections 134(A), 134(B) and 184 of Motor Vehicle Act, 1988; the Division Bench of J.K. Maheshwari and Aravind Kumar, JJ., granted interim bail to the accused for period of 3 months after taking note of the peculiar facts of the case and the endeavour of the accused person’s father for taking steps towards restorative justice, by which he has shown his concern to maintain the minor children after the demise of their parents on account of the road traffic accident caused by his son.
On 6-4-2024, the accused person’s Creta car dashed against the scooty on which the deceased couple was travelling along with their daughter. Due of the impact, couple died on the spot and their daughter was seriously injured. After the death of couple, the injured daughter and two other minor children of the couple became orphan.
During the pendency of this petition, the father of the accused showed compassion and stated that he is taking care of the treatment of the injured daughter and assured that he will deposit Rs. 50 lakhs immediately in a fixed deposit in a nationalized bank in the names of three minor children, and a further sum of Rs. 50 lakhs shall also be deposited in two installments in future.
The minor children are under the guardianship of their uncle. The Court took note that the uncle is ascertaining the welfare and the status of their education and health. Furthermore, counsel for the accused assured the Court that the father would pay Rs. 25,000 p.m. for next six months by depositing the same in the bank account of the uncle for maintaining and paying the school fee of the three children. Furthermore, Rs. 50,00,000 is lying with the Bank of Baroda, on which a lien certificate has been issued, is ordered to be kept in a Fixed Deposit in the names of the three minor children represented by their Uncle/legal guardian for a period of one year and the FDR shall be forwarded to the Court in a sealed cover and it shall be in the safe custody of Registrar (Judicial).
It was observed that in the light of the afore-stated facts, the Court is cast with the duty to supervise for sometime the well-being of the three children through the concerned Station House Officer as well as the Member Secretary, District Legal Services Authority (DLSA). The SHO concerned shall submit a report to the Member Secretary, DLSA fortnightly. Simultaneously, the report of the mindset of children from Social Welfare Officer be also called by the Member Secretary, DLSA and a consolidated report be forwarded by him every month to the Registry of the Court indicating thereunder the overall well-being, education and health of three children.
With the afore-stated pointers, the Court decided to grant interim bail and clarified that the amount offered and deposited by the father of the accused, is an amount of compensation for the welfare of the children, notwithstanding the outcome of the criminal case or in other proceedings.
CASE DETAILS
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Citation: Appellants : Respondents : |
Advocates who appeared in this case For Petitioner(s): For Respondent(s): |
CORAM :
J.K. Maheshwari, J.
Aravind Kumar, J.
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