The Bombay High Court granted transit anticipatory bail to the Managing Director of a Pharma company accused in the Surat gas leak.
There is an offense registered with Sachin GIDC Police Station, Surat City. It is for the offenses punishable under Sections 304, 336, 337. 338, 284, 277, 278, 120B of Indian Penal Code, 1860 and Section 15 of Environment Protection Act. The allegations are that one tanker has illegally drained toxic chemicals from the tanker in natural drain and chemicals came in contact with surface and subsurface water source and it had affected human life. There is a further allegation that the laborers were exposed to toxic release from the tanker. As a result, six persons have died and other 23 persons were under treatment. After initial investigation, the local police have registered an offense.
Senior advocate Desai, contended that they need two weeks’ time to approach regular Court. He has also assured that up till now, the staff of the petitioner’s company have cooperated with the police. He assures that in future, necessary cooperation would be given to the police.
APP read over the news article and argued that since there was unnatural death of six persons, no transit bail should be granted. He argued that the Court has no jurisdiction to grant transit bail as the offense registered is out of the State of Maharashtra.
The division bench of Justice R. D. Dhanuka and Justice S. M. Modak noted that the issue of whether the Court can grant anticipatory bail is pending reference before the Division Bench, in view of urgency and for the reason that the law will take its own course for deciding the reference, the liberty has to be protected.
Case title: Sameer Jai Hiremath v/s The State of Maharashtra & Ors.
Citation: Anticipatory Bail Application No. 162 OF 2022