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This is an archive article published on May 20, 1998

Orders reserved on Baghai’s bail plea

CHANDIGARH, May 19: Orders on the bail plea moved by building contractor Vinod Kumar Baghai and supervisor Sat Dev Singh Minhas were reserve...

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CHANDIGARH, May 19: Orders on the bail plea moved by building contractor Vinod Kumar Baghai and supervisor Sat Dev Singh Minhas were reserved till tomorrow by UT Judicial Magistrate (Ist Class) A.K. Bishnoi, today.

The duo had surrendered before the court on March 20 after the ceiling of a lecture hall in Government Medical College and Hospital, Sector 32, had collapsed. While one person was killed, 39 others were reportedly injured in the accident.

Initially charged with endangering human life, causing hurt and criminal conspiracy, the accused were later booked under Section 304 and Section 308 of the IPC.

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Today, seeking their release on bail, the defence counsel contended that the accused were entitled to be released on bail as the prosecution had failed to submit the challan within 60 days, mandatory under the provisions of law.

The challan had to be presented within the said period as Section 304 Part II of the IPC, under which the accused had been booked, was punishable by imprisonment up to 10 years, it was stated. A Punjab and Haryana High Court authority was also submitted to substantiate the contentions.

Further, there was nothing on the record to establish knowledge or intention on part of the accused and the fact finding committee’s report had not been provided.

Opposing the bail plea, assistant district attorneys, Rajinder Singh and Jatinder Singh, contended that bail could not be granted to the accused even after the expiry of 60 days.

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The challan has to be submitted within 90 days in this case as the accused had been booked, not under Section 304 Part II, but 304 Part I of the IPC.The duo were aware that the ceiling might collapse but intentionally ordered the labourers to continue with the work, evident from the statement of complainant Akshay Kumar. He had repeatedly informed the accused regarding the shutterings being loose and defective, it was added. The FIR was also read before the magistrate.

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