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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
A.B. CHAUDHARI, J.
Rameshwar Dass @ Rameshwar Dayal – Appellant
Versus
State of Haryana - Respondent
CRM-M-9968 of 2018 (O&M)
Decided on : 28-03-2018
Regular Bail - Indian Penal Code - Sections 323, 324, 302, 307, 34 - Railways Act, 1989 - Section 145 - Summary of Acts and Sections: The court discussed the prosecution's case under various sections of the Indian Penal Code and the Railways Act, focusing on the evidence and allegations related to the incident on the train, including seat sharing, quarrel, and assault. The court considered the evidence, framing of charges, and previous bail orders for other accused persons in reaching its decision.
Fact of the Case:
The petitioner filed a second petition for regular bail in a case involving a train incident with allegations under various sections of the Indian Penal Code and the Railways Act. The incident involved a quarrel over seat sharing, leading to assault and injuries.
Finding of the Court:
The court considered the evidence, framing of charges, and previous bail orders for other accused persons. It balanced the interests of the parties and addressed the concerns regarding social disharmony and tampering with evidence.
Issues: The issues involved the evidence, framing of charges, and the balance of interests between the parties, including concerns about social disharmony and tampering with evidence.
Ratio Decidendi: The court's decision was based on the examination of evidence, framing of charges, and previous bail orders for other accused persons. It also considered the balance of interests between the parties and addressed concerns about social disharmony and tampering with evidence.
Final Decision: The petitioner was granted bail with specific conditions, including restrictions on entering the district where the complainant and witnesses reside, reporting to the police, and depositing the passport.
A.B. CHAUDHARI, J
1. This is the second petition for grant of regular bail filed by the petitioner-Rameshwar Dass @ Rameshwar Dayal, in FIR No.90 dated 23.06.2017, under Sections 323, 324, 302, 307, 34 of Indian Penal Code, 1860 (for short 'IPC') (petitioner challaned under Sections 323, 298, 341 IPC and Section 145 of Railways Act, 1989 (for short' Railways Act'), registered at P.S. GRP Faridabad (District GRP Ambala Cantt.), Haryana, now charged for offence under Sections 298, 323, 324, 341, 307, 302 read with Section 34 IPC & Section 145 of Railways Act.
2. In the earlier round, the petitioner had filed the petition, i.e. CRM-M-37007 of 2017, for grant of regular bail, which was decided on 06.10.2017 and this Court had made the following order:-
“Heard learned counsel for the rival parties, including the complainant.
The prosecution case as put up by the prosecution is regarding the quarrel between the boys that took place over seat sharing in the train when murder took place in the train. The incident was published enormously. The prosecution allegations are such that in my opinion there is every likelihood of prosecution witnesses being put in jeopardy. In that view of the matter, I think the trial Court ought to have fixed the Sessions trial itself for trial so that the evidence is recorded untampered. In that view of the matter, I make the following order:
ORDER
(i) Prayer for bail is not considered for the time being and the petition is disposed of with liberty to apply for regular bail again after a period of five months.
(ii) In the meanwhile, the trial Court shall frame charge on 10.10.2017 and shall immediately prepare a schedule for conducting the Sessions trial if possible on day to day basis and complete the same within five months.
(iii) CRL. MISC. No.M-37007 OF 2017 is disposed of with the observations as aforesaid.
6TH OCTOBER, 2017
'raj' (A. B. CHAUDHARI)
JUDGE”
3. In view of the Supreme Court’s judgment in the case of Shahzad Hasan Khan versus Ishtiaq Hasan Khan and another, 1987 SCC (Criminal) 415 and Jagmohan Bahl and another versus State (NCT of Delhi) and another, 2015(1) RCR (Criminal) 291, the second bail petition for regular bail has been placed before me for consideration.
4. As per the FIR, the prosecution allegations are that Hasim son of Jalaludin of village Khandawali, PS Sadar Ballabhgarh, Dsitrict Faridabad lodged FIR with the police station and stated therein that in the morning of 22.06.2017, he together with Mausim, Moin and his real brother Juned had gone to Sadar Bazar, Delhi for purchasing articles for Eid. After making purchase, they boarded the train from Delhi at 5:30 P.M. They were playing Ludo on their seats. About 15/20 passengers nearby told them to get aside and started pushing them to which he and his brothers objected. Out of them, two passengers started misbehaving with them and abused by saying on their community like mulla and therefore, there were heated arguments. He gave seat to an aged person. However, 2/3 boys started abusing them. They started grappling with them. He and Mausim therefore, informed their respective brothers on phone and after that about 5-6 boys from their village came to Ballabgarh Railway Station to receive them. When train stopped and they were in the process of getting down from the train, 2-3 boys started abusing and grappling with them and all other passengers in the coach started shouting and did not permit them to get down. He and his brother objected to it and in the meanwhile train started. Then Mujahid, Mausim @ Chuna and his elder brother Shakir came to receive them. They boarded the coach and when they raised protest then two boys started giving them abuses in the name of mother and sister and uttered caste related words. They started beating them. One young boy attacked them forcefully with knife and first of all he gave knife blow to Shakir on his neck, chest and hand. His brother Juned tried to intervene then that boy gave many knife blows
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