Diwakar Dev Sharma vs State Of Himachal Pradesh & Anr
2021 Latest Caselaw 521 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.




                                                                   .
                                    Cr.MP(M) No. 8 of 2021





                             Date of decision: January 08, 2021.





    Diwakar Dev Sharma                                   ...Petitioner.
                              Versus





    State of Himachal Pradesh & anr.            .....Respondents.



    Coram


    Ms. Justice Jyotsna Rewal Dua, Judge.
    Whether approved for reporting? 1


    For the petitioner        :     Mr. Naresh K. Sharma, Advocate.



    For the respondents       :     Mr. Anil Jaswal, Addl. AG with Mr.
                                    Manoj Bagga, Asstt. AG, for
                                    respondent No. 1.




                                    Mr. Rahul Mahajan, Advocate, for
                                    respondent No. 2.





                         (Through Video Conferencing).





    Jyotsna Rewal Dua, Judge (Oral)

Interim protection was granted to the petitioner on

2.1.2021 in Case Crime No. 53/2020, dated 18.12.2020,

registered at Railway Police Force, Out Post, Shimla, district

Shimla, under Section 153 of the Railways Act.

Whether the reporters of the local papers may be allowed to see the Judgment?

2. Perusal of status report reveals that the allegations

against the petitioner are in respect of certain constructions

.

including breast wall/retaining wall/lamp post/concrete blocks at

Km 88/18-19 (above track/hillside) between JTO-TVI on Kalka-

Shimla Section .

3. Learned Counsel for respondent-Railways submitted

that the petitioner alongwith others had facilitated/constructed

the above referred works in violation of the sanction plan,

thereby endangering the safety of track and putting the lives of

passengers/public at peril.

4. Status report also mentions that pursuant to the

interim protection, the petitioner has joined the investigation and

is cooperating with the investigating agency. The custodial

interrogation of the petitioner has not been specifically prayed

for in the status report. Considering the nature of the dispute as

well as the fact that the petitioner is a Counsellor and is a local

resident, the interim protection granted to him on 2.1.2021 is

confirmed with a stringent condition that henceforth the

petitioner shall not raise or facilitate any construction contrary to

the applicable Rules, Regulations/Sanction Plan etc. endangering

public lives as well as property of Railways. Accordingly, the bail

petition is allowed. Interim protection granted to the petitioner

vide order dated 2.1.2021 is confirmed subject to following

conditions in addition to already drawn condition:-

(i) Petitioner is directed to join the investigation of the case as and when called for by the Investigating Officer in accordance with

.

law. He shall fully cooperate the Investigating

Officer and will appear before him in the concerned police station as and when called in accordance with law;

(ii) Petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever:

(iii) Petitioner will not leave India without prior

permission of the Court.

(iv) Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the

investigating officer or any person acquainted with the facts of the case to dissuade him/her

from disclosing such facts to the Court or any Police Officer;

(v) In case of launching of prosecution,

petitioner shall attend the trial on every hearing, unless exempted in accordance with law.

(vi) Petitioner shall inform the Station House

Officer of the concerned police station about his place of residence during bail and trial. Any

change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account

Number, if any.

In case of violation of any of the terms & conditions

of the bail, respondent-State shall be at liberty to move

appropriate application for cancellation of the bail. It is made

clear that observations made above are only for the purpose of

adjudication of instant bail petition and shall not be construed as

an opinion on the merits of the matter. Learned trial Court shall

decide the matter without being influenced by above

observations.

.

With the aforesaid observations, the present petition

stands disposed of, so also the pending miscellaneous

applications, if any.

Jyotsna Rewal Dua Judge.

January, 08, 2021 ( vs)