Investigation Yet To Be Conducted: Delhi HC Grants Interim Bail To Accused Persons In Coaching Centre Students Death Case
The Delhi High Court has granted interim bail to the accused persons in a case relating to the death of three students in the basement of a coaching centre in Old Rajinder Nagar.
The accused persons had filed bail applications in a case registered under Sections 105, 106(1), 115(2), and 290/3(5) of Bharatiya Nyaya Sanhita, 2023 (BNS).
A Single Bench of Justice Dinesh Kumar Sharma observed, “… at the moment taking into account the period of detention on one hand and other attendant circumstances on the other hand, and also the fact that the investigation is yet to be conducted, this court considers that the petitioners may be admitted to interim bail till 30.11.2024.”
The Bench noted that, while considering the plea for bail in such a case, the Court is required to balance the right of individuals and rights of the citizen. It added that on one hand the person in custody whose liberty is curtailed has a right to be released on bail unless exceptional circumstances are there which are provided in law and on the other hand, the society also has a right to agitate that the wrongdoer should be dealt with strictly.
“The court is conscious of the fact that detention during trial cannot be a punitive measure. However, the court is also conscious of the fact that society looks at the court for appropriate orders in such grave cases. The court cannot be mute spectator”, it further enunciated.
Senior Advocate Mohit Mathur, Advocates Amit Chadha, Kaushal Kait, and Daksh Gupta represented the petitioners while SPP Rajesh Kumar and Advocate Abhijit Anand represented the respondents.
Factual Background -
A case was registered under BNS 2023 against the accused by re-registering the FIR. The High Court had transferred the investigation of the case from Delhi Police to CBI (Central Bureau of Investigation) to probe the incident of flooding in the basement of a coaching centre in Old Rajinder Nagar wherein three students lost their lives. The Court also directed to probe the potential involvement of corruption or negligence/inaction by public servants or by any other persons punishable under the Prevention of Corruption Act, 1988 (PC Act) or under other applicable laws and offences. The investigation conducted by Delhi Police revealed that the coaching institute running by the name of RAU’s IAS Study Circle is being run in a building which has basement, ground floor, first floor, second floor and third floor. RAU’s IAS Study Circle was using all the floors for running the coaching institute.
Pertinently, the basement was being used for the purpose of library where students used to sit throughout the day for study as well as for giving the tests conducted by coaching institute. On July 17 this year, whilst several students were studying in the library located in the basement, heavy rainfall was taking place outside. The rain water suddenly entered in the ground floor due to sudden fall of sliding gates of main building and subsequently entered into the basement, resulting in flooding of the same. In the unfortunate incident event, though certain students survived but three students lost their lives. The post mortem report revealed that the cause of death was asphyxia due to ante mortem drowning. The petitioners had rented the said basement floor to a person vide a Lease Deed in 2022 for 9 years.
The High Court after hearing the contentions of the counsel remarked, “The present case is a very serious case. The CBI is alleging knowledge on the part of the petitioners to attribute Section 105 part II. The complainant is alleging 105 part I saying there was also intention on the part of petitioners. These are the matters which are required to be appreciated during the trial. The wholesome investigation is required to be conducted regarding the role of the petitioners, owners of the RAU‟s IAS Study Circle and other public officials. The court considers that the completion of investigation by CBI is required to be conducted expeditiously.”
The Court said that the courts while granting bail, have to take an objective view and that in this case, there are allegations of corruption, which are under probe.
“At this stage at least one thing is on record that the petitioners let out the basement for commercial purpose and the unfortunate incident, in which three young persons lost their lives, took place on account of flooding in the basement”, it added.
Furthermore, the Court noted that, prima facie, the petitioners cannot be deemed to not have the knowledge that such activity may be dangerous and that such an inappropriate act should never be allowed to be profitable business.
“The petitioners are in custody since 28.07.2024. The investigation may take some time. The bail plea on merits may only be considered after the completion of investigation by the C.B.I. on all aspects. Therefore, the petitioners may be considered for admitting to interim bail”, it observed.
The Court, therefore, admitted the petitioners to interim bail till November 30, 2024 on furnishing personal bond of Rs. 1 lakh with two sureties of the like amount to the satisfaction of the Trial Court.
Before parting with the judgment, the Court elucidated, “… in order to ensure that there is “balancing of interest” and there is ‘good administration of justice’ some order/arrangement is required to be made for streamlining of the system and creation of corpus for providing compensation to such victims. The allegations are that the petitioners let out the basement for commercial gain. In such cases the message should go loud and clear that courts are sensitive to respond to such situations. Hence, in such cases where commercial ventures in violation of norms/law the accused persons may be asked to contribute for the cause of creation of corpus to meet such situations. The order directing depositing sum of money in court will not yield any result.”
The Court also emphasised that if an order is made for deposit of money, it should be put to good use for public benefit and at this stage, the court also cannot adopt any formula for determining the amount.
“Hence, some guess work is required. Thus, the court considers that an amount of Rs.5 Crore will be just and proper. The petitioners are directed to deposit Rs.5 Crore in one go or in instalments till 30.11.2024 with Red Cross Society. The C.B.I. shall facilitate the deposit of such amount. The Hon’ble Lieutenant Governor of Delhi shall ensure that the funds so deposited shall be used for the student welfare and for the purpose of streamlining the functioning of coaching centres in Delhi. Hon’ble Lieutenant Governor may also take decision for providing compensation to the families of the deceased students”, it directed.
Accordingly, the High Court granted interim bail to the accused persons and listed the case on December 9, 2024.
Cause Title- Parvinder Singh v. Central Bureau of Investigation
Appearance:
Petitioners: Senior Advocate Mohit Mathur, Advocates Amit Chadha, Kaushal Jeet Kait, Daksh Gupta, Jatin Yadav, Gaurav Dua, Harjas Singh, Harsh Gautam, and Vignesh.
Respondents: SPP Rajesh Kumar, Advocate Mishika Pandita, ASP R.S. Solanki, Advocates Abhijit Anand, Rochak Singla, and Sahil Rejakhan.
