NIRMAL SINGH CHOPRA Vs. STATE

JUDGEMENT

(1.) THIS order shall deal with three applications for suspension of sentence of imprisonment of the appellants, namely, Nirmal Singh Chopra, assistant Manager, Ajit Chaudhary, Manager of Uphaar Cinema and Manmohan Uniyal, gatekeeper of Uphaar Cinema. All the three appellants seek suspension of sentence of imprisonment, during the pendency of the appeal on the grounds inter alia that they cannot be held responsible at all for the tragedy which occurred on 13. 6. 1997 because of fire having engulfed in the Uphaar Cinema.

(2.) IT is urged by their respective counsels that though the duties of Nirmal Singh Chopra and Ajit Chaudhary were to supervise and manage the affairs of the Cinema in entirety but they had taken due precautions and made endeavours to ensure that fire is extinguished but since they were not directly responsible as transformer was not repaired under their supervision but by the officials of DVB, therefore, wrong which happened at 5 p. m. , cannot be attributed to them but to the personnel of DVB who had actually undertaken repairs of the transformer in the morning when there was spark and that these two appellants were not responsible for the aforesaid fire at all. It is further urged that they were on bail throughout the trial which lasted for about 11 years and now they are in custody since the pronouncement of the judgment dated 20. 11. 2007.

(3.) HAVING heard learned counsel for the appellants as also learned additional Solicitor General of India and also having gone through the record available on the judicial file, I am of the opinion that since these two appellants, Nirmal Singh Chopra and Ajit Chaudhary, were not responsible, they being not expertise but the same was handled by the officials of DVB, therefore, keeping them further in jail shall serve no useful purpose but shall be detriment to them and their family, particularly, when they are in jail for quite sometime. Therefore, the sentence of the appellants, Nirmal Singh Chopra and Ajit Chaudhary, are suspended, till the disposal of the appeal. They are ordered to be released on bail on each of them furnishing a personal bond in the sum of Rs. 25,000/- (rupees twenty five thousand) with one surety each in the like amount to the satisfaction of the trial judge.