Petitioners, Railway employees facing arrest, filed for anticipatory bail. The court noted an in-house enquiry cleared them of responsibility. It held no subsisting apprehension existed, dismissing the applications.
Applications for anticipatory bail dismissed as there is no subsisting apprehension of arrest.
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ABLAPL No. 16489 of 2016
ABLAPL Nos 07. 16489, 16537 and 16541 of 201612.2016Heard learned counsel for the petitioners, learned Addl. Government Advocate
and Mr. Dhanoj Kumar Sahoo, learned counsel appearing for the Railways.
The petitioners, who are Guard, Station Manager and Chief Divisional Transport Inspect
or of Railways respectively, are apprehending arrest for the alleged commission of offences un
der Sections 304, 337 and 338/34 of the I.P.C. read with Sections 153, 154 and 175 of the Rail
ways Act in G.R. Case No. 1578 of 2016 of the court of J.M.F.C.(R), Cuttack, arising out of GR
P Cuttack P.S. Case No.131 of 2016.
Learned Addl. Standing Counsel assisted by the Investigating Officer of the case, who
is present in the Court and produced the Case Diary, submits that in an in-house enquiry of th
e Railway Department it is found that these petitioners are not responsible for the occurrence
that took place resulting death of two persons and injury of seventeen persons. It is submitt
ed that there is no subsisting apprehension of arrest of the petitioners. Therefore, app
lications for anticipatory bail are not maintainable and are disposed of accordingly.
JS Urgent certified copy of this order be granted on proper application.
S.K.Mishra, J.
2
1 issue framed by the court
Whether anticipatory bail applications are maintainable when an in-house enquiry found petitioners not responsible for the occurrence.
2 provisions across 2 enactments
Guard, Station Manager and Chief Divisional Transport Inspector of Railways
State of Odisha
S.K. Mishra
As recorded by the court registry
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