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Synopsis

The Allahabad High Court recently granted anticipatory bail to Pawan Agarwal, one of the Directors of the Levana Group which runs the Hotel Levana Suites situated at Madan Mohan Malviya Marg, Lucknow in Uttar Pradesh, where a massive fire broke out last month that left four people dead and seven injured.

The bench of Justice Rajesh Singh Chauhan observed that "since the other accused in the case, who were primarily managing the affairs of the hotel at the time of the incident are already under judicial custody, therefore, the investigation may be conducted and concluded on the basis of their interrogation besides the interrogation of 75-year-old and ailing present applicant, who is willing to co-operate in the investigation.

Accordingly, court directed that in the event of arrest, Agarwal shall be released on anticipatory bail in the present case till completion of investigation, on his furnishing a personal bond of Rs.1,00,000 with two sureties each in the like amount to the satisfaction of the arresting authority/ court concerned.

Moreover, while disposing of Agarwal's bail application, court directed him to appear before the Investigating Officer on October 21 at 11:00 a.m. sharp to cooperate in the investigation. Court ordered that he shall abide by all the directions of Investigating Officer relating to the investigation and shall provide all the required documents which are in his possession.

Moving the high court for grant of pre-arrest bail, Agarwal contended that out of the four accused persons, three are already arrested. Agarwal's counsel argued before the court that accused Rohit Agarwal and Rahul Agarwal, who are the son and nephew of Agarwal respectively, are in judicial custody and there is no male member left in the family except Agarwal. 

He submitted that Agarwal is an old aged ailing person and is ready to co-operate in the investigation, therefore, his liberty may be protected.

Senior Advocate Dileep Kumar assisted by Advocates Vikas Vikram Singh and Amit Jaiswal on behalf of Agarwal apprised the court that the impugned F.I.R. has been lodged under Sections 304 and 308 of the Indian Penal Code. He, however, argued that the factum of knowledge as per Section 304 I.P.C. would be missing in the present case inasmuch as all possible preventive measures were taken in the Hotel, however, the aforesaid fact may be established during investigation.

He referred to the decision of Apex Court rendered in re: Sushil Ansal vs. State through Central Bureau of Investigation (2014), Abdul Salim Shaikh (Siddique) and another vs. State of Maharashtra (2014) and Arnesh Kumar vs. State of Bihar (2014) and averred that prima-facie, the offence in question falls within the purview of Section 304-A and 308 of IPC, and in that case, the punishment is below seven years, therefore, the Investigating Agency should issue notice under Section 41-A CrPC in terms of the dictum of Apex Court and Agarwal should not be arrested. 

He also stressed that the custodial interrogation of Agarwal was not necessary. 

Per contra, Vinod Kumar Shahi, Additional Advocate General of UP, contended that Agarwal being one of the Directors of the company which runs the said hotel where 4 persons succumbed to the injuries caused during the fire on account of improper safety measures of the Hotel, was not entitled to anticipatory bail.

He submitted that the Hotel was being run in an unauthorized manner in a residential area without having any proper sanction from the Competent Authority. 

He further argued that since the victims lost their lives on account of illegal and irresponsible act of the owners and managers of the Hotel Management having full knowledge that in case of any miss-happening serious casualty would take place, no sympathy could be prayed by Agarwal citing his old age and ailment.

However, not entering into the merits of the issue and not giving any observation or findings affecting the investigation, the single judge bench opined that the bail plea was fit for granting an anticipatory bail. 

Court also said, "Since the State Government has taken very prompt steps against erring officers/ officials of various departments and has assured that no erring officers/ officials, to be related with the management of Hotel or government officers/ officials of any department, therefore, it is legitimately expected that the required legal action against the erring persons would be taken strictly in accordance with law and the victims would be compensated aptly, as per law".

A massive fire broke out at Hotel Levana Suites last month, following which, the high court  took suo motu cognizance of the incident stating: "It appears that several hotels, coaching centres, hospitals and commercial establishments are operating across the city of Lucknow without validly sanctioned maps and fire safety measures, with total impunity."

As per the media reports, Hotel Levana Suites was in possession of the NOC of the fire department even when there was a clear lack of fire escape management system and violation of several fire-related safety rules on its part.

Case Title: Pawan Agarwal v. State Of U.P. Thru. Prin. Secy. Home Lko.