GAUTAMBHAI KURJIBHAI BHESANIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application under section 438 of the Criminal Procedure Code, 1973 the applicant has prayed to release him on anticipatory bail in the event of his arrest in connection with FIR registered at C.R. No. I-26 of 2017 with Uchhchal Police Station, Dist:- Tapi on 25.04.2017 for the offences punishable under Sections 304, 337, 338 and 114 of the Indian Penal Code.

(2.) Pursuant to the notice issued by this Court, the learned Public Prosecutor appeared and opposed the grant of relief as prayed for.

(3.) The brief facts emerge from the record are as under:- 3. 1 That one Shri Sureshbhai Babubhai Gamit, father of one Smitalben, studying in Primary School of the village of Tal: Uchchhal lodged an aforesaid FIR that when his daughter, who is aged about 7 years, had gone to primary school, a wall of the primary school under repairing has collapsed, pursuant to which, his daughter and another student of the similar age namely Divya as well as employee of the school succumbed to the injuries. 3. 2 Subsequent to lodgment of the FIR, the investigation begun. It was the case of the applicant that a company namely M/s. Rudra Technocrats belonging to the applicant was successful bidder in getting the contract of construction/repairing work of the school building under a scheme run by Educational Department of State of Gujarat namely "Sarva Shiksha Abhiyan Mission". As per the terms and conditions of the contract entered into between the State of Gujarat and the company, the company itself has to carry out the entire construction/repairing work of primary school. It was further revealed in the investigation that, contrary to the terms and conditions of the contract, the applicant had engaged another contract for carrying out the aforesaid work which was upto the mark, pursuant to which the wall collapsed and two students and one employee lost their lives. Summons were issued to the applicant by the investigating agency to appear before it. Instead of remaining himself present before the investigating agency, the applicant sent, employee of the company. Since the applicant was found, charge-sheet came to be filed against the other accused on 22.08.2017 wherein, the name of the applicant was shown as an absconding. Though, the FIR was lodged on 25.04.2017 and the applicant was aware that he has been summoned, for the first time he filed an application under section 438 of the Code of Criminal Procedure, 1973 before the learned Sessions Judge, Tapi only on 09.03.2018 i.e. almost after a period of 11 months from the date of lodgment of FIR. The said application came to be dismissed on 19.03.2018. Hence, this application.