Hit and run under influence of alcohol, person die on spot.
Querist :
Anonymous
(Querist) 15 March 2023
This query is : Resolved
Recently on holi, my sister met with an accident by a car. She was going to drop her friend, when a car came on the wrong side of road and hit her. She was on a electric scooty and car's speed was around 110.
My sister was only 22 years and she died on spot and her friend is in serious condition right now.
Right now the person is in remand for 14 days and was on influence of alcohol when the accident occured. Currently we have imposed 304 and 308 on the driver.
We have all the footage which clearly shows it was all car fault, collected by police on same day i.e. 8 march.
The driver of car has a wife who is 7-8 month preg. Can it affect the case in some way, like can he be granted bail on that basis ?
How can we make sure driver gets a long imprisonment ?
Sudhir Kumar, Advocate
(Expert) 16 March 2023
You may have under trauma misunderstood it as section 304
Rather the case will be registered under 304A.
IPC 304A
--Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.]
IPC 279
Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
Read more at: https://devgan.in/ipc/section/279/
Both the offence is bailable and not know why he could not get bail
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In addition to the criminal prosecution you are entitled to file a compensation suit in MACT court.
Further in this case since he was durnk and driving wrong way the insurance company may not acknowledge liability and he himself will have to bear compensation.
The pregnancy of wife of accused could be handy for his bail.
P. Venu
(Expert) 16 March 2023
The driver would be granted bail soon. After all, it is traffic accident and remand cannot be turned into a punishment. And bail is the norm and jail is an exception.
It is for the Police and the Public Prosecutor to pursue the case. Your priority ought to be in seeking proper compensation.
T. Kalaiselvan, Advocate 
(Expert) 16 March 2023
There is no restriction for the driver of the car to get bail.
The sections to be included in the FIR or charge sheet will not be decided by you.
The police will take care of them.
The police may charge him under section 279, 304a IPC, both of which are bailable.
Therefore he may get enlarged on bail, if not in the trial court but by the appellate court.
It is an accident hence you do not have any say in this case because it will be prosecuted by government through public prosecutor.
Sudhir Kumar, Advocate
(Expert) 17 March 2023
At the most you can appoint your lawyer for trial as well. For MACT case it will be your lawyer.
