MUMBAI: The Bombay high court on January 21 granted urgent ad-interim transit anticipatory bail up to February 1 in connection with a Surat gas leak case to Sameer Hiremath, a top honcho of a pharma company. The gas leak allegedly claimed six lives and injured over 20 persons.
A bench of justices R D Dhanuka and S M Modak granted him the relief on a personal bond of Rs 50,000 and directed him to approach the regular court by then and cannot leave India with a court nod.
The FIR was registered by Surat police on January 6 for offences under the Indian Penal Code and section 15 of the Environmental Protection Act.
The allegations are that one tanker has illegally drained toxic chemicals in natural drain and the chemical came in contact with the surface and subsurface water sources and it had affected human life. There is a further allegation that the labourers were exposed to toxic release from the tanker. “As a result, six persons have died and other 23 persons were under treatment. After the initial investigation, the local police have registered an offence,” said the HC order.
Hiremath’s senior counsel Amit Desai said his client apprehends arrest for two reasons. First, there was a media report which mentioned that the local police are trying to arrest the petitioner, however, his whereabouts are not known. The second reason is, some of the employees of the petitioner’s company were also arrested and their Regular Bail Applications are pending.
In fact, this transit bail application was assigned to a single judge and there is an issue as to whether a transit anticipatory bail can be granted by this court in an offence registered out of the state of Maharashtra. It is pending for reference before the division bench. The single judge bench had referred the ABA to a division bench.
Desai said they need two weeks to approach a regular court and said staff had cooperated with police and would continue to.
P H Gaikwad additional public prosecutor opposed the grant of any relief as he said the deaths were unnatural and he also said the HC has no jurisdiction to grant transit bail as the offence is registered outside the State of Maharashtra.
The HC bench in its order said, “Though the issue whether this 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. Considering the fact that the offence registered on 6th January, 2022 and considering the fact that six persons have died by unnatural death, we are not inclined to grant two weeks’ transit bail for approaching the regular appropriate court. It is true that whether those six persons have died due to inhaling of toxic gas created from the chemical dumped from the tanker belonging to the petitioner or whether it is due to the chemical dropped by a tanker belonging to other persons, it is a matter of investigation. We are inclined to grant time till 1st February, 2022 to approach the regular appropriate court.”
A bench of justices R D Dhanuka and S M Modak granted him the relief on a personal bond of Rs 50,000 and directed him to approach the regular court by then and cannot leave India with a court nod.
The FIR was registered by Surat police on January 6 for offences under the Indian Penal Code and section 15 of the Environmental Protection Act.
The allegations are that one tanker has illegally drained toxic chemicals in natural drain and the chemical came in contact with the surface and subsurface water sources and it had affected human life. There is a further allegation that the labourers were exposed to toxic release from the tanker. “As a result, six persons have died and other 23 persons were under treatment. After the initial investigation, the local police have registered an offence,” said the HC order.
Hiremath’s senior counsel Amit Desai said his client apprehends arrest for two reasons. First, there was a media report which mentioned that the local police are trying to arrest the petitioner, however, his whereabouts are not known. The second reason is, some of the employees of the petitioner’s company were also arrested and their Regular Bail Applications are pending.
In fact, this transit bail application was assigned to a single judge and there is an issue as to whether a transit anticipatory bail can be granted by this court in an offence registered out of the state of Maharashtra. It is pending for reference before the division bench. The single judge bench had referred the ABA to a division bench.
Desai said they need two weeks to approach a regular court and said staff had cooperated with police and would continue to.
P H Gaikwad additional public prosecutor opposed the grant of any relief as he said the deaths were unnatural and he also said the HC has no jurisdiction to grant transit bail as the offence is registered outside the State of Maharashtra.
The HC bench in its order said, “Though the issue whether this 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. Considering the fact that the offence registered on 6th January, 2022 and considering the fact that six persons have died by unnatural death, we are not inclined to grant two weeks’ transit bail for approaching the regular appropriate court. It is true that whether those six persons have died due to inhaling of toxic gas created from the chemical dumped from the tanker belonging to the petitioner or whether it is due to the chemical dropped by a tanker belonging to other persons, it is a matter of investigation. We are inclined to grant time till 1st February, 2022 to approach the regular appropriate court.”
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