Mundaka fire case: Delhi HC directs trial court to decide bail plea of building owner expeditiously
Mar 14, 2023
New Delhi [India], March 14 : The Delhi High Court on Tuesday directed the trial court to decide expeditiously the bail plea of Manish Lakra, the building owner in the Mundaka fire case in which 27 people were killed that broke out on May last year.
Justice Yogesh Khanna directed the trial court to decide the default bail plea of Manish Lakra in view of the order passed by the coordinate bench.
The bench headed by Justice Amit Mahajan has granted default bail to Harish and Varun Goyal in the matter.
Their plea seeking default bail, over non-filing of the charge sheet in 60 days, was dismissed by the sessions court. They had challenged the order before the High court.
However, the default bail plea of Manish Lakra is pending before the sessions court and listed on March 17.
Advocate Pradeep Kumar Arya apprised the bench that the two co-accused have been granted default bail by the High court. However, the plea is pending before the session court.
The High court on February 3, issued a notice to Delhi police and directed them to file a reply.
Accused Manish Lakra has challenged the order of the trial court denying him regular bail in the matter. His bail plea was rejected last month.
Advocate Pradeep Kumar Arya submitted that this is a case of section 304 A (Death due to negligent act) of IPC. Despite this, Delhi police have invoked section 304 (culpable homicide not amounting to murder).
He argued and referred to the case of Union Carbide in which 1000 people died. Finally, the supreme court held that it was a case of section 304 A of IPC only.
Earlier he had moved a revision petition challenging an order denial default to him by the trial court.
The petitioner had moved an application seeking bail over the non-filing of a charge sheet in the case. His plea was dismissed by the Magistrate Court on August 6, 2022.
This case pertains to a fire incident in the Mundaka 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 police custody since May 15, 2022, i.e. around 80 days, the petition stated.
The magistrate court had granted bail to the wife Sunita Lakra and mother Sushila Lakra. They were summoned by the court after taking cognisance of the charge sheet. They were named as accused in the charge sheet but had not been arrested during the investigation.
