Allowed

Shaikh Sultan S/O Shaikh Dawood v. the State of Maharashtra

Bombay HC7 Jul 2023ABA/1086/2023

Case brief

AI extract

What is this about?

The Bombay High Court at Aurangabad granted anticipatory bail to two applicants facing charges under the IPC and the Employment of Manual Scavengers Act. The incident involved deaths during septic tank cleaning where one victim attempted to save another. The court found no mens rea on the part of the applicants.

What did the court decide?

Both Anticipatory Bail Applications were allowed in terms of the interim relief granted in a previous order.

Shaikh Sultan S/O Shaikh Dawood Vs the State of Maharashtra — Anticipatory Bail | Bombay HC (2023)

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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919 ANTICIPATORY BAIL APPLICATION NO.1086 OF 2023

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SHAIKH SULTAN S/O SHAIKH DAWOOD
VERSUS

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THE STATE OF MAHARASHTRA

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Advocate for Applicant : Mr. Shikrashna B. Solanke
APP for Respondent – State : Mr. S.N. Morampalle

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AND

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ANTICIPATORY BAIL APPLICATION NO.854 OF 2023

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MARUTI DAGDU RATHOD

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VERSUS

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THE STATE OF MAHARASHTRA AND ANOTHER

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…
Advocate for Applicant : Mr. A.A. Lomte h/f. Mr. Sudarshan J. Salunke
APP for Respondent – State : Mr. S.N. Morampalle

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CORAM : R. M. JOSHI, J.
DATE : 7th JULY, 2023

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PER COURT :

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. Heard.

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2.Issue notice to respondent in Anticipatory Bail

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Application No.1086 of 2023. Learned APP waives service of notice on

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behalf of respondent/State.

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3.Applicants in both applications are apprehending arrest
in connection with Crime No.120 of 2023 registered with Sonpeth
Police Station, Tal. Sonpeth, Dist. Parbhani for the offences punishable
under Section 304 (2), 337, 338 of the Indian Penal Code and Section
9 of the Employment of Manual Scavengers and Construction of Dry
Latrines (Prohibition) Act.

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4.First Information Report came to be lodged at the
instance of police officer. It is the claimed therein that the owner of
farm house had engaged a contractor for cleaning of septic tank. The
said contractor employed six persons and that while performing the
said work, five persons died and one survived therein. On the basis of
these allegations, offence came to be registered against applicants.
Applicant in Application No.854 of 2023 is the person who has
suggested the name of the contractor for the purpose of cleaning of
the said septic tank from which foul smell was coming. Except for
suggestion of name of contractor, there is absolutely no role played by
the said applicant in order to attract any of the offences against him.

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5.As far as applicant in Application No.1086 of 2023 is
concerned, perusal of FIR as well as statement of witnesses it is clear
that work of cleaning of septic tank was done not by entering into
septic tank, but with the help of bucket it was sought to be cleaned.
It further shows that accidentally one Shaikh Saber fell into septic
tank and to save him Shaikh Sadiq entered septic tank. He was
successful in pushing Saber out of septic tank, however he could not
come out of it. In order to save him others entered septic tank one
after another, but unfortunately died.

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6.This Court finds prima facie substance in the contention

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of learned counsel for applicants that all unfortunate deceased
persons who have died in the said incident are close relatives of
applicants and that applicants cannot be said to have carried any
mens rea committing any crime of this nature in respect of others. It
is apparent from statements on record that it could be a case of
accident without any fault on the part of present applicants.

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7.In view of aforesaid facts and circumstances, liberty of
applicants need to be protected. Hence, following order:

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ORDER

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.Both applications are allowed in terms of interim relief

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granted vide order dated 30.05.2023 in Anticipatory Bail Application
No.854 of 2023.

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[ R. M. JOSHI ]
 JUDGE

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GGP

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Shaikh Sultan S/O Shaikh Dawood v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Shaikh Sultan S/O Shaikh Dawood v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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