Date:29/12/2007 URL: http://www.thehindu.com/2007/12/29/stories/2007122957490400.htm

New Delhi

Blueline owner, contractor get bail

Staff Reporter

The duo were arrested on Wednesday

NEW DELHI: A court here on Friday granted bail to the contractor and owner of a Blueline bus which was involved in an accident killing seven persons in Badarpur here this past October. The duo had been arrested on Wednesday by the South Delhi police.

Metropolitan Magistrate Sanjay Bansal granted bail to Nawab Khan, the contractor, and Manish Kakkar, the owner, on their furnishing sureties of Rs.20,000 each.

Granting bail, the court observed that, at best, the accused could be charged only under Sections 337 and 338 of the Indian Penal Code that pertain to causing injuries with an act endangering the personal safety of others.

The court observed that even if the charge that the accused had tampered with the speed governor in the bus operated by them was true, they could only be charged under Section 304-A (causing death due to negligence) of the IPC.

Since all the three sections under which the accused could be charged were bailable sections, the court directed the accused to be set free on bail. The prosecution had charged the accused under Sections 279 (rash driving on a public way), 304 (culpable homicide not amounting to murder) and 120-B (criminal conspiracy), besides Sections 337 and 338. The court, however, said there was nothing on record to establish that there was a “meeting of the minds” before the accident took place.

During interrogation, the accused had allegedly disclosed that they had tampered with the speed governor fitted in the bus so that they could compete with other buses plying on the same route.