Morbi Bridge Collapse : Supreme Court Rejects Victims' Plea To Set Aside Bail Of Oreva Manager

Dismissing a challenge to the grant of bail to Morbi Bridge Collapse accused Dineshkumar Dave, the Supreme Court today observed that investigation against the Oreva manager was complete and incarceration could not be indefinitely continued.The Bench of Justices MM Sundresh and SVN Bhatti remarked that though Dave was claimed to be a Manager in Oreva, he was earning a "small price".Briefly put, the case originated out of the collapse of a cable bridge in Morbi on October 30, 2022, owing to which about 135 people lost their lives. As per allegations levelled in the FIR, the bridge, which was being maintained/renovated by the Oreva Group, collapsed due to improper renovation/maintenance, i.e. due to negligence of the management.Dave was alleged to be a Manager at the Oreva company, in-charge of supervising the renovation work. He was arrested on October 31, 2022 and arraigned as an accused in the chargesheet.Vide the impugned order, Dave 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 High Court considered that other employees of Oreva had been enlarged on bail and the trial was not likely to commence anytime soon.It was noted that 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, 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. Counsel for the Association urged that Dave was one of the two Managers responsible for supervision of renovation of the Morbi bridge.Justice MM Sundresh, referring to Dave, said, "he is arrested, investigation is done...what more...[should he] continue in incarceration?"On a query 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. However, the same did not weigh with the court.Finding no ground to interfere with the Gujarat High Court order, the petition was dismissed. Case Title: Tragedy Victim Association Morbi v. Dineshkumar Mansukhrai Dave and Anr., SLP (Crl) No. 866/2024Click Here To Read/Download Order

Morbi Bridge Collapse : Supreme Court Rejects Victims' Plea To Set Aside Bail Of Oreva Manager

Debby Jain

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