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While denying relief, the bench noted that the applicant not only tried to divert the investigation but also refused to cooperate during the investigation
The Bombay High Court has dismissed the pre-arrest bail application of a woman who was booked for driving her Mercedes under the influence of alcohol and causing the death of two people.
A single-judge bench of the High Court at Nagpur, comprising Justice Urmila Joshi, was hearing the pre-arrest bail application of the woman, who was charged with rash and negligent driving, causing death by negligence, and causing hurt by a rash act.
The bench observed that when a motor vehicle is driven after consuming alcohol, road accidents become a predictable consequence. In such a scenario, attributing knowledge to the driver that death can be a likely consequence of drunken driving is legally tenable.
The woman was initially granted bail, but after the victims' deaths, section 304A of the IPC was added by the police, prompting them to seek her arrest, leading her to move the high court for pre-arrest bail.
In its order, the high court noted that a prudent person would not drive a vehicle under the influence of alcohol.
"A prudent person will not drive a vehicle under the influence of alcohol. The manner in which the applicant has driven the car, which appears from the CCTV Footage, caused death of two persons for which her knowledge can be attributed. The person who sat on steering wheel after consumption of alcohol and drove the vehicle in a rash and negligent manner can be attributed knowledge," the court said.
While denying relief, the bench noted that the applicant not only tried to divert the investigation but also refused to cooperate during the investigation.
Therefore, the high court concluded that the woman was not entitled to any relief and rejected the pre-arrest bail application.
Case title: Ritu Maloom vs State of Maharashtra
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