MUHAMMAD NASEEM ALIAS SEEMA Versus THE STATE
The petitioner who is involved in a case under sections 121 and 128 of the Railways Act, 1890 and section 379, P.P.C. arising out of F.I.R. No.9, dated 13‑1‑1992, registered at Police Post Shahdara Railay Police, seeks to be admitted to bail.
2. Learned counsel vehemently contended that the name of the petitioner is not mentioned in the F.I.R. though it was lodged after two days with great deliberation and speculation. He further contended that the sentence at the most in this case is not more than two years and the offences under sections 121 and 128 of the Railways Act are not attracted to the facts of this case, as no danger was caused to the rolling stock; hence the bail refusing order is erroneous in law, as the learned Judge did not keep in view the important ingredient of the offence. In the end, he submitted that at the most the case falls under section 121 of the Railways Act, which is only punishable with fine, and the petitioner cannot be kept behind the bars by way of punishment without any progress in the trial, especially in the case when the sentence does not entail death or imprisonment for life.
3. Learned counsel for the State assisted by the police officer, has opposed this bail application.
4. I have heard the learned counsel for the parties and have perused the record. I find substantial force in the submission of the learned counsel that in the absence of the name of the petitioner in the F.I.R., the case against him is one of further inquiry, as it would be determined after the recording of some evidence whether the petitioner actually took part in the crime or not. In addition to that, a bare reading of section 121 of the Railways Act shows that on the facts of the present case, appropriate section applicable is section 121 and not section 128 of the Railways Act. In this view of the matter, case for the grant of bail is made out. Accordingly I admit the petitioner to bail in the sum of Rs.50,000 (fifty thousand only) with one surety in the like amount to the satisfaction of the trial Court.
N.H.Q./M‑345/L Bail allowed.