JAYSUKHBHAI ODHAVJIBHAI BHALODIA (PATEL) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Senior Advocate Mr. Nirupam D. Nanavaty and Senior Advocate Mr. Jal Unwalla assisted by learned advocate Mr. Yash Nanavaty and learned advocate Mr. Rahul Dholakia for the applicant, learned Public Prosecutor Mr. Mitesh Amin assisted by learned APP Mr. Manan Mehta for the respondent - State, learned advocate Mr. Rahul Sharma assisted by learned advocate Mr. Utkarsh Dave for the Victims' Association and learned advocate Mr. Ronith Joy for one of the victims who is not the member of victims' association.

(2.) Learned Senior Advocate Mr. Nirupam Nanavaty for the applicant submits that applicant has been arrested on 31/1/2023 and since then he is behind the bars. The investigation is already completed and after submission of charge-sheet, this application is preferred. The so-called fateful incident has taken place on 30/10/2022 and on the same day FIR has been registered. The applicant thereafter preferred an application for anticipatory bail before the concerned trial Court. However, in the meantime, the investigating officer has filed charge-sheet before the competent Court having jurisdiction to conduct the trial. Therefore, present applicant accused has surrendered on 31/1/2023 and since then he is in judicial custody. Learned Senior Advocate Mr. Nanavaty submits that on the fateful day i.e. on 30/10/2022, an unforeseen incident had occurred, whereby 'Julto Pul' (suspension bridge) situated over Macchu River at Morbi had collapsed and thereby 135 persons died and more than 100 persons were injured. It is alleged that the said incident occurred due to improper repairs and maintenance of the said suspension bridge and also due to mechanical lapses and for many other reasons. It is mentioned in the FIR that on the date of incident more than 250 to 300 persons were present on the said bridge. Learned Senior Advocate Mr. Nanavaty submits that by levelling the aforesaid allegations, FIR came to be registered against the company to whom the task of maintenance of the bridge was assigned, against the management of the said company and also against all such individuals whose names have come on surface during the course of investigation. Learned Senior Advocate Mr. Nanavaty further submits that present applicant accused is a businessman and Managing Director of Ajanta Manufacturing Pvt. Ltd. (OREVA Group), which undertakes various business activities, and more particularly, manufacturing of clocks and lighting products.

(3.) Learned Senior Advocate Mr. Nanavaty further submits that the applicant has provided employment to more than 10,000 women of nearby villages since the year 1995 and is also providing livelihood to more than 2000 employees directly and approximately 7000 persons indirectly. It is an admitted fact that the company of the applicant was assigned with the task of management and renovation of said suspension bridge since the year 2008.