Thane, Jul 18 (PTI) A court in Maharashtra’s Thane district has granted anticipatory bail to the owner of a warehouse in connection with the incident of fire at the facility that resulted in the death of one person.
Additional Sessions Judge N K Karande in an order passed on July 11, granted the bail plea of Lakshmi Arvind Sutar, who owned the warehouse in Bhiwandi.
The fire incident had occurred on June 14.
The court noted that although there was negligence involved, there was no “positive act” on the part of the female accused to attract the charge of culpable homicide not amounting to murder.
The bail application was moved by advocate Vikas Patil-Shirgaonkar on behalf of the applicant.
He argued that Sutar was innocent and had taken adequate fire safety precautions. She would cooperate with the investigation and posed no flight risk, he said.
The case was registered at the Narpoli police station under sections 324 (4) (mischief), 287 and 288 (negligent conduct concerning explosive substances), and 105 (culpable homicide not amounting to murder) of the Bharatiya Nyaya Sanhita (BNS).
The prosecution alleged that Sutar and her manager stored combustible and explosive chemicals and fertilizers at the Swami Samarth Warehouse, despite knowing the risks they posed to human life. The fire allegedly led to the death of one Samadhan Bhogale and damage to other materials stored on the premises.
The court said, “The failure to take adequate measure to guard the explosive substance and chemicals cannot make out the case of culpable homicide not amounting to murder. To attract section 105 of BNS, something more positive than a mere omission, lapse or negligence is required.” “After perusal of the FIR, it appears that no positive act is alleged against the applicant/accused,” it said.
While granting bail, the court imposed several conditions. It prohibited the applicant from trying to influence witnesses and directed her to not leave India without prior permission. It also asked her to report to Narpoli police station every Monday from 11 am to 2 pm until the filing of the chargesheet. PTI COR NP
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