1 BA-1790-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL APPLICATION NO. 1790 OF 2011 1. Shri Shankar G. Upadhyay ) 2. Shri Sanjeev Vasant Patil ).. Applicants vs. The State of Maharashtra ..Respondent Mr. A.P.Mundargi, Senior Counsel a/w Mr. Subodh Desai & Gaurav Parkar i/b. M/s. DSK Legal,Advocates, for the applicants. Mrs.R.V.Newton,APP for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 9th December, 2011. P.C. 1. The applicants seek to be released on bail in Crime No.135/2011 registered with Bhoisar Police Station for the offences punishable under Sections 304, 284 and 287 of IPC. 2. The FIR was lodged on 20.9.2011 by one Sonu Munna Singh and the documents collected by the police reveal that applicant No.1 – Shankar Upadhyay was the Chief Manager, while the applicant No.2 – Sanjeev Patil was the Production Manager and one Jay Janardan Chaudhary was the Supervisor of the factory of Sequent Scientific Ltd. Situated at MIDC Area, Bhoisar. The factory 2 BA-1790-11.sxw was engaged in the business of veterinary drugs in which several poisonous gases, including hydrogen sulphide were used. On 20.9.2011, at about 7 p.m. On the 3rd floor of the factory,there was leakage of hydrogen sulphide gas and as a result of the same, four persons died and ten persons were required to be given treatment in the hospital. According to prosecution, no safety measures were taken nor any gas masks were given to the workers nor any training was given to their workers for their protection in case of gas leakage and thus disaster management was completely absent. The applicants denied the allegations. 3. Earlier, these applicants had made an application for anticipatory bail which was rejected and thereafter they had surrendered before the police. They were taken into police custody. Their statement was recorded and thereafter they are in judicial custody. 4. On 16.11.2011, the Supervisor – Jayendra Janardan Chaudhary was granted bail as the investigation was almost completed. Taking into consideration the facts and circumstances of the case, I find no reason to refuse bail to the present applicants also. 5. The applicants be released on their executing P.R. of Rs.50,000/- each 3 BA-1790-11.sxw with one or two sureties to make up the amount with condition that they shall not tamper with the prosecution evidence. (J.H.BHATIA,J.)