The building owner accused in Delhi’s Mundka fire case has moved a revision petition challenging an order denying default bail to him by a trial court. The petitioner moved the application seeking bail over the non-filing of the charge sheet in the case. The application was dismissed by the court.
Additional Sessions Judge Hem Raj of Tees Hazari Court listed the petition for further hearing on September 13 after hearing the initial arguments. Manish Lakra has moved the petition through advocates Pradeep Kumar Arya and Kapil Dhaka, challenging the order of the Magistrate Court passed on August 6, 2022, denying bail to him.
This case pertains to a fire incident in the Mundka area on May 13 in which 27 people were killed. An FIR was registered on May 14, 2022, under sections 308/304/120B/34 IPC, at the Police Station, Mundka. The petitioner was arrested on May 15, 2022, and was produced before the court the next day. Thereafter, he was sent to judicial custody. In these circumstances, the petitioner has been under custody since May 15, 2022, i.e., around 80 days, the petition stated.
The counsel for the accused, Manish, submitted that in view of the investigations, only one offence u/s 304 Part II is alleged to be made out against the petitioner and, in view of the mandate of section 167 CrPC, the period of completion of investigation and filling of charge sheet is 60 days if the accused is in custody. Thereafter, according to Section 167 (2) CrPC, the accused is entitled to be released on bail.
It is also submitted that the right of default bail, which is enshrined u/s 167 CrPC, is the fundamental and foundational right of the accused as identified under the criminal jurisprudence of the land.