Madhya Pradesh High Court
Shankar Parwani vs The State Of Madhya Pradesh on 18 July, 2018
3. High Court of M.P. Bench at Indore
MCRC No.21664/2018
Shankar Parwani vs. State of M.P.
Indore: Dated:-18.07.2018
Shri Vivek Singh, learned counsel for the petitioner.
Shri Rajesh Joshi, learned G.A. for the respondent/State.
Heard with the aid of case diary.
ORDER
1. As per statement made by the accused/applicant, this is sole bail application under Section 439 of Cr.P.C. before High Court in connection with Crime No.52/2018 under Section 304 & 308 of IPC registered at Police Station-Choti Gwaltoli District-Indore.
2. It is submitted by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. There is no evidence against him. Conclude of trial is likely to take time. The applicant is permanent resident of District -Indore. There is no possibility of his absconding. He is ready to furnish adequate security.
3. The contention of the petitioner is that the petitioner had purchased the hotel in the year 2014 by a registered sale deed and he has not made any change in the building of hotel after its purchase. On the ground floor of the hotel there are 3-4 shops and thereafter on next 3-4 floors, he was operating hotel. No complaint was ever made regarding dilapidated condition of the hotel to any of the authority responsible to take care of the matter. No notice ever been issued by the Municipal Corporation regarding condition of the hotel and no specific allegations have been made by the witnesses Manoj, Pramod, Ashok and Mahesh. Only omnibus statements have been made that they have noticed some shortcomings in the building like Manoj has stated that balcony was fallen prior to the incident and Pramod has stated that one of the pillar was slightly steeped, but according to the
3. High Court of M.P. Bench at Indore prosecution, the owner did not pay heed to their information. It is further submitted that at the most, offence under Section 304-A can be charged against him. He is in custody since last three months, charge-sheet has been filed, therefore, he may be granted bail.
4. Learned Public Prosecutor has opposed the prayer. He drew my attention towards statement of Lakshmibai wife of the ex- manager Harish Soni, who died in the incident and statement of one Kanchanbai.
5. I have considered the rival contentions and have perused the record filed with the charge-sheet and available in the case- diary.
6. According to the prosecution case, on 31.03.2018, at about 9:00 P.M., one building namely M.S. Hotel situated at Sarvate Bus Stand was suddenly collapsed and 10 persons were buried under debris. The police registered a case under Section 304 and 308 of IPC and took the petitioner who is owner of the hotel in custody on 02.04.2018 and since then he is in jail.
7. Considering the statement of witnesses namely Manoj, Pramod, Ashok, Mahesh, Lakshmibai and Kanchanbai, other evidene available on record regarding liability of the petitioner and the facts submitted by the learned counsel for the petitioner, I deem it proper to release the accused on bail. Therefore, without commenting on merits of the case, the application is allowed.
8. It is directed that the applicant Shankar Parwani be released from custody on his furnishing a personal bond in the sum of Rs.5,00,000/- (Rupees Five Lacs) with one solvent surety of the like amount to the satisfaction of the Trial Court for his appearance before the Trial Court as and when required further subject to the following conditions:-
(i) The petitioner shall co-operate with the trial and shall not seek unnecessary adjournments on frivolous
3. High Court of M.P. Bench at Indore grounds to protract the trial;
(ii) The petitioner shall not directly or indirectly allure or make any inducement, threat or promise to the prosecution witnesses, so as to dissuade them from disclosing truth before the Court;
(iii) The petitioner shall not commit any offence or involve in any criminal activity;
(iv) In case of his involvement in any other criminal activity or breach of any other aforesaid conditions, the bail granted in this case may also be cancelled.
(Virender Singh) Judge Amit Digitally signed by Amit Kumar Date: 2018.07.18 17:18:40 +05'30'