Morbi Bridge Collapse : Supreme Court Refuses To Interfere With Bail Granted To Person Who Issued Tickets

The Supreme Court on Monday dismissed a petition filed challenging the bail granted by the Gujarat High Court to Mansukhbhai Valjibhai Topia, who was the ticket issuing person at the Morbi bridge on the day it collapsed on October 30 last year resulting in the death of around 135 persons.

A 3-judge bench comprising CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra was hearing a petition filed by Tragedy Victim Association, Morbi.

"We are not inclined to entertain the Special Leave Petitions under Article 136 of the Constitution", the bench observed.

The Gujarat High Court, in its order passed on June 6, 2023, had noted that the investigation was over and a chargesheet was filed. So, it was of the opinion that continued judicial custody was not required.

The High Court took into account the fact that the accused was a ticket-issuing personnel employed by a company. So, it exercised its discretion to grant regular bail to the accused regular bail.

The High court had observed “Since trial will take its own time to conclude, the presence of the applicant is not required in judicial custody as well as the applicant was the ticket issuing person hired by the company and therefore, I am of the opinion that this is a fit case to exercise the discretion and enlarge the applicant on regular bail. “

The counsel for the accused had highlighted the conduct of the accused who jumped into the river to save people and suffered injuries. He acknowledged that it was his duty to manage the crowd. But he asserted that the crowd was unprecedented and had gone out of control in festival season.

On the other hand, the state had opposed the bail contending that the accused had issued an excessive number of tickets without conducting proper assessments of the hanging bridge's strength, stability, and capacity. The state firmly argued that his negligence played a pivotal role in the incident. They had emphasized that no leniency must be shown since doing so would undermine the gravity of the alleged negligence and the concerns of public safety.

BACKGROUND OF THE CASE

Tragedy struck Gujarat's Morbi last year in October 2022 when a historic British-era bridge collapsed, claiming the lives of 135 people. The bridge, which spanned the Machchhu River, had undergone seven months of closure for repairs. Shockingly, despite lacking a fitness certificate from civic authorities, it was reopened to the public on October 26, coinciding with the Gujarati New Year.

The accused in the present case was the ticket collector hired by the company at the bridge. After the incident, the police booked him under IPC Sections 304 (culpable homicide not amounting to murder), 308 (attempt to commit culpable homicide), 336 (Act which endangers human life), 337 (causing hurt to any person by doing any rash or negligent act).

He had filed a bail application under section 439, CrPC before High Court where he was enlarged on bail on 9th June 2023. Aggrieved by the same, an appeal was preferred to Supreme Court under Art. 136 of the Constitution.

Case title: Tragedy Victim Association Morbi v. State of Gujarat

Citation: SLP Criminal Diary No. 27055/2023

Petitioner represented by Sr Adv. Mr. Gopal Sankaranarayanan along with Ms. Nupur Kumar, AOR and Adv. Mr. Utkarsh Dave, Adv. Mr. Shrutanjaya Bhardwaj and Adv. Ms. Muskan Nagpal.

Click here to read the order