In a decision bringing a measure of procedural closure to a high-profile road tragedy, the Patiala House Court has granted bail to 38-year-old Gaganpreet Makkad, the driver involved in the fatal collision between her BMW SUV and a motorcycle. Judicial Magistrate First Class Ankit Garg pronounced the order on the final day of Makkad’s judicial remand, highlighting the delicate balance courts strike between pretrial liberty and the imperatives of criminal investigation under the Bharatiya Nyaya Sanhita, 2023 (BNS).
The tragic incident occurred on September 15 near the Delhi Cantonment Metro Station, claiming the life of 52-year-old Navjot Singh, Deputy Secretary in the Department of Economic Affairs, and leaving his wife, Sandeep Kaur, with serious injuries. The couple was returning home from Bangla Sahib Gurdwara on their motorcycle when Makkad’s BMW reportedly swerved onto the central verge, overturned, and collided with them. Singh succumbed to his injuries en route to the hospital, while Kaur required extended medical care.
Police registered an FIR under Section 281, Section 125(b), Section 105, and Section 238 of the BNS. Allegations include negligent driving leading to the crash and potential tampering with evidence, particularly Makkad’s choice, alongside her family, to rush the injured couple to Nulife Hospital in GTB Nagar, about 19 km away, rather than nearer trauma centers like Safdarjung or Ram Manohar Lohia Hospitals. This detour, estimated at around 24 minutes by the defense, became central to the probe regarding potential obstruction and prioritization of self-protection over victim care.
Gaganpreet Makkad was arrested the same day, with initial police custody followed by a two-day judicial remand. Subsequent hearings extended her custody until September 27, as the prosecution cited ongoing forensic work, including blood alcohol testing, which cleared Makkad, and retrieval of CCTV footage. The Court had preserved site surveillance videos, deferring the bail hearing to allow the defense to respond. Arguments concluded on September 25, and the Court delivered its order today.
Senior Advocate Ramesh Gupta, representing Gaganpreet Makkad, argued that the incident was an unfortunate accident without criminal intent, pointing to a ten-hour delay in FIR registration as evidence of lack of culpability. Senior Advocate emphasized Gaganpreet's immediate efforts to aid the victims and her own children in the vehicle, while highlighting other complicating factors, including interference by a passing bus and a reportedly unhelpful ambulance. He cited her family responsibilities, social roots, and full cooperation as assurances against absconding or witness tampering, drawing parallels with precedents where women defendants in serious cases were granted interim liberty.
Public Prosecutor Atul Shrivastava countered that her decision to transport the victims to a distant hospital suggested deliberate evasion and interference with evidence. He noted discrepancies, including her self-admission to intensive care and the delayed filing of a medico-legal certificate, framing these as indicators of intent to weaken the prosecution’s case under Sections 105 and 238 of the BNS.
The magistrate granted bail without recording a detailed rationale, with the full order awaited in transcription. Her release is conditioned on a personal bond of Rs. 1 lakh, two sureties of equal value, surrender of her passport, continued cooperation with the investigation, and restrictions against contacting Kaur or tampering with evidence.
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