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Bus accident accused denied bail
11/19/2016 10:42:46 PM
Early Times Report

Reasi, Nov 19 : CJM Reasi, Kamlesh Pandita has rejected the bail application of a bus conductor who was allegedly involved in the tragic road accident at Jyotipuram, Reasi, that had led to the killing of 24 persons.
Rejecting the bail application of conductor Manoj, he observed that the allegation against the accused was not that the fatal mishap occurred due to their negligence but due to their knowledge that their criminal act was likely to cause death of the passengers. As per the facts and circumstances of the case, neither the driver nor the conductor was on the steering wheel nor had they controlled the bus properly at a very accident-prone place due to the greed for loading more and more passengers beyond the permissible capacity of passengers in the bus, he said. "By their criminal act, 24 precious lives were lost and more than 40 others are still struggling either to get stable or survive. I am conscious of the fact that the accused has a right to bail subject to exception as the liberty of the individual is very precious right guaranteed to him by the constitution.
The exceptions to the grant of bail are gravity of the offences and its impact on the public at large," the judge said.
In this case, public interest would not be served by bailing out the accused at this stage which was not amenable to analysis as to whether the culpable homicide not amounting to murder charge was made out against the accused or not but prima facie, facts and circumstances 'have led this court to the limited conclusion that so far this application is concerned that heinous offence has been committed by accused', he added.
"More people die of road accidents than diseases and the Indian highways are among the top killers of the country. It looks as if traffic regulations are virtually dead and police checking is mostly absent. By these processes of lawlessness, public roads are now lurking death traps. The state must rise to the gravity of the situation and provide road safety measures through active police presence beyond frozen indifference through mobilization of popular organizations in the field of road safety, frightening publicity for gruesome accidents and promotion of strict driving licensing and rigorous vehicle invigilation, lest human life should hardly have a chance for highway use," the court observed.
With these observations, the court rejected the bail application of the accused.(JNF)
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