Munna Kumar vs State Through N.C.T. Of Delhi
2005 Latest Caselaw 693 Del

JUDGMENT

Badar Durrez Ahmed, J.

1. The offence alleged against the petitioner is one under Section 143 of the Railways Act, 1989. The learned counsel for the petitioner points out that in view of Section 180D of the said Act which has been introduced in the statute book by Act 51 of 2003 w.e.f. 01.07.2004, the said offence would be bailable. Section 180D of the said Act reads as under:-

"180D. Inquiry how to be made against arrested person.--(1) When any person is arrested by the officer authorised for an offence punishable under this Act, such officer shall proceed to inquire into the charge against such person.

(2) For this purpose, the officer authorised may exercise the same powers and shall be subject to the same provisions as the officer in charge of a police station may exercise and is subject to the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), when investigating a cognizable case:

Provided that--

(a) if the officer authorised is of the opinion that there is sufficient evidence or reasonable ground of suspicion against the accused person, he shall either admit him to bail to appear before a Magistrate having jurisdiction in the case, or forward him in custody to such Magistrate;

(b) if it appears to the officer authorised that there is no sufficient evidence or reasonable ground of suspicion against the accused person, he shall release the accused person on his executing a bond, with or without sureties as the officer authorised may direct, to appear, if and when so required, before the Magistrate having jurisdiction."

2. The proviso to sub-Section 2 clearly indicates that the authorised officer may admit the accused person to bail to appear before a Magistrate having jurisdiction in the case or he may forward him in custody to such Magistrate. A plain reading of these provisions would indicate that the offence under Section 143 would not be non-bailable. In this view of the matter, the learned counsel for the State submits that this application would not be maintainable. He has also further verified that the petitioner has joined investigation and has cooperated with the investigating agencies.

In this view of the matter, since the offence itself would be bailable, this application is disposed of.

dusty.