The offence under Section 279 is a bailable offence. It means that if a person is arrested under this Section, he can apply for bail before the investigation officer or before the magistrate.

2) section 304 A is also bailable no court can refuse bail to the accused.

3) quashing is to be done only in exceptional circumstances 

4) only if you are convicted would you be sentenced to imprisonment 

5) if you are convicted it would affect your future career and affect your visa 

6) since you have third party insurance the insurance company has to make payment 

1. You can get enlarged on bail without being arrested in the station itself.

2. Since the police have registered FIR, you approach police station and file an application for station bail.

3.  Don't be in a hurry to quash the FIR so soon, let the police submit the charge sheet in court after that you can either file a quash petition or file a discharge petition before trial court.

4. You can challenge the charges properly during the trial proceedings.

5. First you get acquitted from the case after which you can think about other issues.

6. You have to be acquitted first

7. The insurance compensation can be claimed by the relatives/legal heirs of the deceased as per law. 

You do not be worried or anxious about the developments, you can discuss with your local advocate and follow up with him regularly to get out of this mess.

Too many questions which cannot be answered with clear cut clarity unless one goes through the FIR.

1. This is a bailable offence and hence you will get bail from the court 

2. Yes, the police may grant bail as well , however if will confirmed by the magistrate in the court 

- You should produce a surety before the police , and that surety must have sufficient documents to show his identity 

3. Yes, you can file a petition before the Court , however before filing of charge sheet by the police , the chances for quashing the FIR is very mere. 

4. No , you can prove your case , and even settle the matter with his family members. 

5. Yes, it can effect your police verification for going abroad , but the court can grant permission even there is an FIR against you. 

6. Yes, the period is depend upon the court burden 

7. Yes , as your vehicle is insured. 

Dear Client,

 Sections 304A, 337, and 338 of the IPC apply in cases of death or physical harm to another person as a result of a person's rash and irresponsible behaviour, Section 279 of the IPC only pertains to reckless and careless driving in public places that jeopardize the lives of others.

The Maharashtra State v. Kuldeep Subhash Pawar case The Bombay High Court dismissed the state's appeal, ruling that both the elements of rashness and negligence must be met for the offence of reckless driving under Section 279 to be committed. The Court decided as follows: Driving offences are only prosecuted in cases where they are reckless and careless. Rashness is the inference of unjustified speed. On the other hand, driving while negligently implies not paying enough attention or care.

Rajasthan State v. Ravi Kapoor It is necessary to evaluate reckless and rash driving in the context of the particular facts and circumstances of each instance. It is an irreducible fact that cannot be understood or viewed in a vacuum.

In this situation, where while driving you took all the due care, you cannot be charged under sec 279 and 304 A and When a suspect is accused of a bailable offence, they must present Form 45 from the Second Schedule to the court hearing their case in order to be granted bail. The police officer in charge of the police station where the accused is being held has the authority to issue bail for offences that are subject to it.

A criminal case might affect job searches, especially if there's police verification. It could also impact visa procedures. The process for reinstatement of your driving privileges varies depending on the reason your right to drive was suspended by the Department of Motor Vehicles or by the court .Your insurance may cover third-party liability. The resolution of this issue may depend on the legal outcome.

You will get bail and trial will be conducted. You can also try to quash the case in HC

Dear Querist

My opinion on your queries are as under:

1. Will I be arrested for causing death of the old man?
Opinion: No, as the offence is bailable offence so you will not be arrested for judicial custody but only formal arrest will be done by the police.



2. Will I be granted a station bail , if so what will be the procedure?
Opinion: You will get police bail under section 436 of Criminal Procedure Code, 1973. you will have to submit your surety and personal bond in the police station.


3. Can the 279 and 304A be quashed in my case? If so how will it take to end the case?
Opinion: until and unless the family members of the old man will be ready than quashing is not possible.


4. Will I have to do prison time for no fault of mine?
Opinion: if proved in the court that you have committed rash and negligent act than yes you may be punished by imprisonment not otherwise.


5. I'm a 23 year old student . Will this case affect my job seach in case of Police verification ? Will this case affect the visa procedures as I have a passport already? Will this be a problem to my future career?

Opinion: Yes, it will effect, as the police verification will always be show this FIR which will be against you.

6. Will I be able to get back my license ? If so how long will it take?
Opinion: Its depend on the rules made in your state.


7. Will I be able to get the third party money from my insurance to the old man's family without any case against me?
Opinion: If your vehicle was insured than the compensation will be paid to them by insurance company if they filed any claim before MACT.

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