SLP (Crl.) No. 7795/2021
ITEM NO.4 COURT NO.14 SECTION II-A S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (Crl.) No. 7795/2021
(Arising out of impugned final judgment and order dated 04-10-2021 in MCRC No. 46205/2021 passed by the High Court of M.P. at Indore)
MAHENDRA PATIDAR Petitioner(s)
VERSUS
THE STATE OF MADHYA PRADESH Respondent(s)
(FOR ADMISSION and I.R. and IA No. 131606/2021 – EXEMPTION FROM
FILING C/C OF THE IMPUGNED JUDGMENT
IA No. 131605/2021 – EXEMPTION FROM FILING O.T.
IA No. 14641/2022 – EXEMPTION FROM FILING O.T.
IA No. 5918/2022 – INTERVENTION/IMPLEADMENT)
Date : 06-01-2023 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE S. RAVINDRA BHAT
HON’BLE MR. JUSTICE DIPANKAR DATTA
For Petitioner(s) Mr. Sidharth Luthra, Sr. Adv.
Mr. Gautam Khazanchi, Adv.
Mr. Vaibhav Dubey, Adv.
Mr. Ayush Kauthik, Adv.
Mr. Kaustubh Seth, Adv.
Ms. Pragati Neekhra, AOR
For Respondent(s) Mr. Yashraj Singh Bundela, Adv.
Mr. Pashupathi Nath Razdan, AOR
Mr. Shiv Sagar Tiwari, Adv.
Ms. Ayushi Mittal, Adv.
Mr. Astik Gupta, Adv.
Mr. Azim H. Laskar, Adv.
Mr. Aditya Kumar Archiya, Adv.
Mr. Rohit Jaiswal, Adv.
Mr. Chandra Bhushan Prasad, AOR
UPON hearing the counsel the Court made the following
O R D E R
IA No. 5918 of 2022 Application for impleadment is allowed.
Petitioner seeks anticipatory bail. In an unfortunate incident, the fire broke out at a Research Centre at Ujjain – which is managed by a firm of which the present petitioner is a partner.
This became the subject matter of First Information Report since the fire resulted in serious injuries of the patients/inmates two of whom eventually passed away.
The FIR registered against the petitioner alleges that he is guilty of offences under various offences provisions including Sections 304 and 308 IPC. The application for anticipatory bail was rejected by the High Court.
This Court had issued notice pursuant to which the State has responded. The materials disclose that the petitioner has co- operated in the investigation and reported to the Investigating Officer on five separate occasions.
The son of one of the victims has applied for impleadment the request which has been granted today. It is urged on behalf of the private respondent that the petitioner had been grossly negligent in ensuring that safety measures were in place in the hospital which clearly indicates his criminal liability.
Having considered the submissions and after taking into account the fact that the petitioner has been granted protection by this Court by the initial order dated 08.10.2021, pursuant to which he appears to have reported and co-operated with the investigating officer as and when called upon to do so. This Court is of the opinion that this is an appropriate case for confirming the interim order. The petitioner shall be enlarged on anticipatory bail subject to such conditions as the trial Court may deem appropriate. Having regard to the nature of the allegations and the incident, we hereby direct the State to complete the investigation and file the police report as early as possible preferably within 60 days from today. Thereafter, the Trial Court shall endeavour to complete the proceedings within another 9 months.
The special leave petition is disposed of in the above terms.
All pending applications stands disposed of.
(NEETA SAPRA) (MATHEW ABRAHAM)
COURT MASTER (SH) COURT MASTER (NSH) 3