The Supreme Court on Friday dismissed a petition challenging bail granted to Morbi bridge collapse accused and Oreva manager Dineshkumar Dave. The apex court observed that the investigation against the Oreva manager was complete and incarceration could not be indefinitely continued.
The bench comprising Justice MM Sundresh and Justice SVN Bhatti remarked that though Dineshkumar Dave was claimed to be a Manager in Oreva, he was earning a small price.
The case relates to the collapse of a cable bridge in Morbi on October 30, 2022, due to which 135 people lost their lives. According to the allegations levelled in the FIR, the bridge which was maintained and renovated by the Oreva Group, collapsed due to improper renovation, maintenance and negligence of the management.
Dineshkumar Dave was alleged to be a Manager at the Oreva company, in charge of supervising the renovation work. Later, he was arrested on October 31, 2022 and arraigned as an accused in the chargesheet.
He was granted bail by the Gujarat High Court for offences under Sections 304 (culpable homicide not amounting to murder), 308 (attempt to commit culpable homicide), 336 (acts endangering human life), 337 (causing hurt by rash or negligent acts) and 114 (presence of abettor when offence is committed) of IPC. The Gujarat High Court considered that other employees of Oreva had been enlarged on bail and the trial was not likely to commence anytime soon.
Notably, Dave, though alleged to be a Manager, was drawing a salary of Rs.1130 per day and following instructions of the Managing Director. The court was also of the prima facie opinion that Dave did not attend any of meetings with local authorities, and therefore, was not involved in the decision-making process.
Aggrieved by the High Court’s decision, the Tragedy Victim Association Morbi, an association of the next of kin of deceased victims, approached the Supreme Court seeking cancellation of bail granted to Dave. Advocate appearing for the Association urged that Dave was one of the two Managers responsible for supervision of renovation of the Morbi bridge.
Questioning should Dave continue in incarceration, Justice MM Sundresh, stated that Dave was arrested, investigation is done. On being asked as to where was the failure of duty on Dave’s part, the Association’s counsel sought to assert that he was occupying an administrative position and was in-charge of supervision.
Nonetheless, the same did not weigh with the court. Consecutively, the Supreme Court found no ground to interfere with the Gujarat High Court order and hence the petition was dismissed.