Madhya Pradesh High Court
Mahesh Kemtani vs The State Of Madhya Pradesh on 31 May, 2018
HIGH COURT OF MADHYA PRADEH :JABALPUR
M.Cr.C.No.16135/2018
Ravi Rajak vs. State of Madhya Pradesh
M.Cr.C.No.16648/2018
Santosh Kumar Shivhare vs. State of Madhya Pradesh
M.Cr.C.No.19892/2018
Ashish Kemtani vs. State of Madhya Pradesh
M.Cr.C.No.19961/2018
Mahesh Kemtani vs. State of Madhya Pradesh
31-05-2018
Shri Ghanshyam Pandey, counsel for petitioner Ravi
Rajak in M.Cr.C.No.16135/2018.
Shri Manish Dutt, Senior Advocate with Sushri
Kishwar Khan, counsel for petitioner Santosh Kumar
Shivhare in M.Cr.C.16648/2018 and petitioner Ashish
Kemtani in M.Cr.C. No.19892/2018.
Shri Prashant Singh, Senior Advocate with Shri
Anshul Tiwari, counsel for petitioner Mahesh Kemtani in
M.Cr.C. No.19961/2018.
Shri Aseem Dixit, Government Advocate for the
respondent/State in all of aforesaid four miscellaneous
criminal cases.
Since all of aforesaid four miscellaneous criminal cases have arisen from the same crime number, they have been analogously heard and are being disposed of by this common order.
Heard on these first applications for bail under Section 439 of the Code of Criminal Procedure, filed on behalf of petitioners Ravi Rajak, Santosh Kumar Shivhare, Ashish Kemtani and Mahesh Kemtani in Crime No. 112/2018 registered by P.S. Tilwara, District- HIGH COURT OF MADHYA PRADEH :JABALPUR M.Cr.C.No.16135/2018 Ravi Rajak vs. State of Madhya Pradesh M.Cr.C.No.16648/2018 Santosh Kumar Shivhare vs. State of Madhya Pradesh M.Cr.C.No.19892/2018 Ashish Kemtani vs. State of Madhya Pradesh M.Cr.C.No.19961/2018 Mahesh Kemtani vs. State of Madhya Pradesh Jabalpur under Sections 304 and 288 of the Indian Penal Code.
As per the prosecution case, slab and linters were being laid in an under-construction building on 16.4.2018. At that time, the slab collapsed and two of the labourers namely Binu and Sunil Dubey died. In addition thereto, 22 labourers were injured. During investigation, it was learnt that petitioners Ashish Kemtani and Mahesh Kemtani were owners of aforesaid under-construction building. They had given contract for construction to petitioner Santosh Kumar Shivhare. Petitioner Santosh Kumar Shivhare had given contract for setting up centering to petitioner Ravi Rajak. Ravi Rajak executed his work negligently; therefore, centering collapsed and slab and linters being led their on the centering, fell down killing two persons and injuring 22 others.
Learned counsel for the petitioner Ravi Rajak submits that there is no document to suggest that either Ashish or Mahesh or Santosh had given contract for setting up centering to Ravi Rajak. Petitioner Ravi Rajak was simply a labourer, working on the constructions of Santosh Shivhare. Learned counsel for the petitioner Ashish and Mahesh submit that they are owners of the under HIGH COURT OF MADHYA PRADEH :JABALPUR M.Cr.C.No.16135/2018 Ravi Rajak vs. State of Madhya Pradesh M.Cr.C.No.16648/2018 Santosh Kumar Shivhare vs. State of Madhya Pradesh M.Cr.C.No.19892/2018 Ashish Kemtani vs. State of Madhya Pradesh M.Cr.C.No.19961/2018 Mahesh Kemtani vs. State of Madhya Pradesh construction building. They had got the map of the building duly approved by Municipal Corporation, and Town and Country Planning Department. They had duly engaged an architect as well as a Structural Engineer. In the contract for construction given to Santosh it has been clearly mentioned that he would execute the construction work carefully and diligently and would be responsible to any untoward incident occurring during construction. Thus, there was no laps or negligence on the part of the petitioner Mahesh and Ashish. Learned counsel for the petitioner Santosh submits that he had taken all precautions in construction of the building. It has further been submitted on behalf of petitioners that at worst, a case under Section 304-A of the I.P.C. would be made out against the petitioners because neither culpable intention nor culpable knowledge can be attributed to them; therefore, this is only a case of causing death by negligent, which is bailable.
Learned Government Advocate for the respondent/State on the other hand has opposed the application stating that injured eye witnesses have deposed against petitioners. They were not given helmets, shoes and gloves during construction. The witnesses have also stated that petitioner Ravi Rajak had set up the centering in a HIGH COURT OF MADHYA PRADEH :JABALPUR M.Cr.C.No.16135/2018 Ravi Rajak vs. State of Madhya Pradesh M.Cr.C.No.16648/2018 Santosh Kumar Shivhare vs. State of Madhya Pradesh M.Cr.C.No.19892/2018 Ashish Kemtani vs. State of Madhya Pradesh M.Cr.C.No.19961/2018 Mahesh Kemtani vs. State of Madhya Pradesh negligent manner. Rigs were set up for ground floor and first floor roofs and slab was being laid for second floor's roof, which shows extreme negligence; therefore, the petitioners can be attributed with the knowledge that their act may cause death; therefore, it has been prayed that the petition for bail be dismissed.
However, keeping in view the facts and circumstances of the case in their entirety, particularly the facts, as pointed out by learned counsel for the petitioners, in the opinion of this Court, the petitioners deserve to be released on bail.
Consequently, these first applications for bail under Section 439 of the Cr.P.C. filed on behalf of petitioners Ravi Rajak, Santosh Kumar Shivhare, Ashish Kemtani and Mahesh Kemtani , is allowed.
It is directed that petitioners shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- with a solvent surety in the same amount to the satisfaction of the trial Court for their appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Cr.P.C.
Certified copy as per rules.
(C.V. Sirpurkar) V Judge ahd Digitally signed by MOHD AHMAD Date: 2018.05.31 23:11:26 -07'00' HIGH COURT OF MADHYA PRADEH :JABALPUR M.Cr.C.No.16135/2018 Ravi Rajak vs. State of Madhya Pradesh M.Cr.C.No.16648/2018 Santosh Kumar Shivhare vs. State of Madhya Pradesh M.Cr.C.No.19892/2018 Ashish Kemtani vs. State of Madhya Pradesh M.Cr.C.No.19961/2018 Mahesh Kemtani vs. State of Madhya Pradesh