Mundaka fire case: Delhi HC grants bail to 2 accused, pulls up police for delay in filing chargesheet

New Delhi [India], March 4 : The Delhi High Court on Saturday granted bail to two accused brothers in the Mundka building fire case.
The High Court while granting bail to the accused, pulled up Delhi Police for the delay in filing the chargesheet.
Justice Amit Mahajan granted bail to Varun Goyal and Harish Goyal in the Mundaka building case.
The High Court granted the relief on furnishing a bail bond for a sum of Rs 1,00,000 with two sureties each of the like amount.
The High Court also pointed out the delay in filing the chargesheet by the Delhi police in the stipulated period.
Justice Mahajan said, "From the record, it is also seen that during the course of the investigation, prior to the expiry of 60 days, no material was brought to the knowledge of the learned Trial Court either in the form of the application seeking remand or by adding any section in the FIR to claim that the investigating agency required an extended period of 90 days to complete the investigation from the date of arrest."
"In fact, on a pointed query from the Court, it was stated that Section 467, IPC was added in the FIR on 18.07.2022, after the expiry of 60 days. It is after filing the application under seeking default bail," the justice said.
"Therefore, considering the allegations made in the FIR, the statements given by the various witnesses and the admitted fact that the father of the petitioners also died in the said the unfortunate incidence of fire and also the fact that the petitioners also got burn in the same fire, it cannot be stated that the allegations made were in relations to offences falling under Part I of Section 304 IPC," he added.
Justice Mahajan said, " The same, therefore, were required to be investigated within a period of 60 days from the first day of detention of the petitioners and non-filing of the same gave an indefeasible right to the petitioners to be released on default bail on their exercising their right by filing an application on July 16, 2022."
The court noted that the FIR under Sections 304/308/120B/34 of IPC was registered against the petitioners, Harish Goyal and Varun Goyal, who are the Directors of Cole Impex Pvt. Ltd. ("Accused Company").
The accused company was operating from 1 st and 2nd floors of the demised premises Plot No.193, Main Rohtak Road, which is a four-storey building and was dealing in the business of CCTV cameras and 4G Sim routers.

It was alleged that on 13.05.2022, at around 4:30 PM, a fire broke out during the "Motivational Programme" in the demised premises and the 1st, 2nd and 3rd floor of the four-storey building was engulfed by fire in which 27 persons died and 44 persons were injured.
During the course of the investigation, it was revealed that neither any appropriate fire systems were fitted nor any other precautions were taken to prevent the fire incident, the police alleged.
There was a single entry-exit in the side lane on the rear side of the building due to which the people could not come out of the building. This led to the registration of the FIR in the matter, it was also alleged.
The petitioners were, thereafter, arrested on May 14, 2022.
Senior advocate Vikas Pahwa submitted that Section 467 of IPC has been added only
to deny the statutory right of the petitioners to apply for the default bail in terms of Section 167(2) of CrPC. On the bare perusal of the allegation, it is apparent that the provisions of Section 467 could not have been invoked in relation to an investigation being carried out in the present FIR.
The present case, at best, can be of causing death by negligence punishable with imprisonment for a term which may extend up to two years.
He also submitted that even if it is to be alleged that the Petitioners had knowledge that the Act done is likely to cause death, it cannot be argued by any stretch of the imagination that they had any intention of causing death or causing such bodily injuries as is likely to cause death, so as to invite punishment of the imprisonment for life and entitling the State to complete the investigation within 90 days from the date of detention.
He further argued that the alleged offence under Section 467 IPC is unrelated and unconnected with the present FIR. The same cannot be argued to have happened in similar transactions.