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1989 DIGILAW 440 (RAJ)

BRAJ MOHAN v. STATE OF RAJASTHAN

1989-07-05

I.S.ISRANI

body1989
Judgment IS. ISRANI, J, J. ( 1 ) THE petitioners is charged to have committed offence under Sections 279, 427 of the Indian Penal Code and under Sections 126 and 127 of Indian Railway Act. ( 2 ) THE contention of Shri P. Balawada is that he is the owner of a Tractor Trolly which was found standing on Railway Track on account of II which engine was damaged. He gives out that he G does not have any licence to drive the Tractor. He has been involved only because he is the owner of m Tractor Trolly. The name of petitioner does not appear in F. I. R. ( 3 ) THE contention of Shri Sharma learned m Public prosecutor is that the owner is equally liable as the driver of the tractor Trolly. ( 4 ) IN these circumstances, I am inclined to grant indulgence of provisions of Section 438 of the Criminal Procedure Code, provided he furnishes a personal pond in the sum of Rs. 5,000/- (Rupees Five Thousand Only) with one surety in the like amount, to the Satisfaction of the Trial Court on the following conditions: (a) That the petitioner shall make himself available for interrogation by a police officer as and when required. (b) That the petitioner shall not, directly and indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. (c) That the petitioner shall not leave India without the previous permission of the Court. Bail granted.