The Gujarat High Court on Monday (September 30) granted bail to five men in connection with the boat capsize incident which took place in a lake in Vadodara earlier in January. A single judge bench of Justice M R Mengdey while pronouncing the order said, "All applications are allowed". The five men who were granted bail–Pareshbhai Shah, Shantilal Solanki, Nilesh Jain, Vatsal Shah,...
The Gujarat High Court on Monday (September 30) granted bail to five men in connection with the boat capsize incident which took place in a lake in Vadodara earlier in January.
A single judge bench of Justice M R Mengdey while pronouncing the order said, "All applications are allowed". The five men who were granted bail–Pareshbhai Shah, Shantilal Solanki, Nilesh Jain, Vatsal Shah, Nayan Gohil–are among the various accused booked in the matter.
On January 18, 2024, a boat capsized in Harni Lake, resulting in the deaths of 12 children and two teachers who were on a school picnic. A private firm–M/s Kotia Projects was tasked with development of the lake project by the Vadodara Municipal Corporation (VMC).
Paresh and Vatsal Shah are partners in the firm, whereas Jain a partner Dolphin Entertainment was given a sub contract by Kotia projects for the activity of boating and game zone on lease; Gohil was the boat navigator and Solanki was working as Manager at Lake Zone and was employed by Dolphin Entertainment.
The high court in its orders noted that the boating activity was being run on behalf of the Vadodara Municipal Corporation. The prosecution, it noted, had argued that as per the principle of vicarious liability all accused persons would be "equally liable" for the offence. The high court however said that if this to be accepted then VMC and its office bearers (from time to time) would be the first to be vicariously liable; however the probe was silent on the aspect of complicity of the corporation's officers.
"The Vadodara Municipal Corporation despite having recommended several safety measures in the tender documents as well as subsequent agreements, does not appear to have bothered to inquire as to whether those safety measures were being rigorously complied with or not. The investigation carried out by the Investigating Agency is absolutely silent on the aspect of complicity and complacency of the officers of the Vadodara Municipal Corporation. The entire charge-sheet is conspicuously silent as regard the cold shoulder approach of the Vadodara Municipal Corporation on this issue," the court said.
It further observed that the FIR–lodged by a VMC employee–"conveniently" does not speak about the complacency of corporation and its officers. The court said that it is unable to digest that the corporation was unaware that the agency, who was awarded the lake development contract, had "entered into a sub-contract behind its back with another agency".
Pointing to the investigation, the court said, that the same revealed that on November 2, 2022 VMC wrote a letter to M/s Kotia Projects asking it to "ensure" the installation of CCTV Cameras, take appropriate safety measures for boating, ensure availability of experienced and trained life guards at the spot, and to ensure that the boat does not carry a load more than its capacity.
Kotia projects replied to the corporation's letter the next day assuring fulfilment of all the requirements. Justice Mengdey thereafter said that there was nothing on record to indicate that VMC had "ever carried out any inspection" over the site regarding fulfilment of these requirements.
"For the reasons best known to the prosecution and investigating agency, despite this lackadaisical approach on the part of Vadodara Municipal Corporation and its officers, none of them has been arraigned as an accused in the present FIR," the court said.
The court further observed that whether an offence under IPC Section 304 is made out or not would require a detailed appreciation of evidence at the end of trial. It further noted that there were 433 witnesses cited by the prosecution and the other co-accused had been granted bail. It also said the trial is not likely to commence and conclude in near future.
Noting the facts and circumstances of the case and after considering the nature of the allegations against the applicants in the FIR, the court, without discussing the evidence in detail, "prima facie" observed that it was a fit case to exercise its discretion and enlarged the five men on regular bail, subject to certain conditions.
"At the trial, the trial Court shall not be influenced by the observations of preliminary nature qua the evidence at this stage made by this Court while enlarging the applicant on bail," Justice Mengdey said.
The accused have been booked under various provisions of the IPC including Sections 304 (culpable homicide not amounting to murder), 308 (attempt to culpable homicide), 337 (rash or negligent act endangering human life) and 114 (abettor present when crime committed).
Case title: PARESHBHAI RAMANLAL SHAH v/s STATE OF GUJARAT and batch
LL Citation: 2024 LiveLaw (Guj) 144