Delhi's Mundka fire case: Building owner moves revision petition challenging order denying default bail
Oct 05, 2022
New Delhi [India], October 5 : The building owner accused in Delhi's Mundka fire case has moved a revision petition challenging an order denying default bail to him by a trial court. The petitioner moved the application seeking bail over the non-filing of the charge sheet in the case. The application was dismissed by the court.
Additional Sessions Judge Hem Raj of Tees Hazari Court listed the petition for further hearing on September 13 after hearing the initial arguments.
Manish Lakra has moved the petition through advocates Pradeep Kumar Arya and Kapil Dhaka challenging the order of the Magistrate Court passed on August 6, 2022, denying bail to him.
This case pertains to a fire incident in the Mundka area on May 13 in which 27 people were killed. An FIR was registered on May 14, 2022 under sections 308/304/120B/34 IPC, at Police Station, Mundka.
The petitioner was arrested on May 15, 2022 and was produced before the court the next day. Thereafter he was sent to judicial custody. In these circumstances the petitioner is under custody since May 15, 2022, i.e. around 80 days, the petition stated.
The counsels for the accused Manish submitted that in view of the investigations, only offence u/s 304 Part II is alleged to be made out against the petitioner and in view of the mandate of section 167 CrPC, the period of completion of investigation and filling of charge sheet is 60 days if the accused is in custody.
Thereafter, according to Section 167 (2) Cr.PC, the accused is entitled to be released on bail.
It is also submitted that the right of default bail is enshrined u/s 167 Cr PC, is the fundamental and foundational right of the accused as identified under the criminal jurisprudence of the land.
The revision is pending before the court. However, a charge sheet has already been filed on August 13, 2022, and cognizance has also been taken.
The magistrate court has also granted to bail to the wife Sunita Lakra and mother Sushila Lakra. They were summoned by the court after taking cognizance of the charge sheet. They were named as accused in the charge sheet but had not been arrested during the investigation.
In this Varun Goyal and Harish Goyal are also accused along with Manish Lakra, his wife and mother.
