Abdul Mubarak Abdul Gaffur Teli v. State Of Maharashtra Thr. Pso Ps Shivaji Nagar Khamgaon, Tq. Khamgaon, Dist. Buldhana

1 aba357.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 357 OF 2020 ( Abdul Mubarak Abdul Gaffur Teli ..vs.. State of Maharashtra, through PSO, PS Shivaji Nagar, Tahsil Khamgaon, District Buldhana ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Asif Siddiqui, Counsel for the applicant, Mr. S.S. Doifode, Addl.P.P. for the non-applicant/State. CORAM : ROHIT B. DEO, J.

DATED : 04-01-2021 Heard.

2.

The applicant is allegedly the Contractor who arranged for the workers to repair/weld the oil tank. Two workers unfortunately died since the oil tank caught fire. The negligence is apparent since the oil tank was not empty and had soyabean oil when the workers were carrying on welding. However, considering that the applicant was not the site supervisor as is perhaps erroneously referred to in the report, and apparently only supplied the labour, at this stage, he can be protected. The criminal negligence or otherwise of the applicant would be a matter to be looked into by the trial Court. The co-accused, who is the owner of the establishment, is arrested and released on bail. In any event, custodial interrogation does not appear to be necessary.

2 aba357.20 3.

The interim protection granted vide order dated 03-9-2020 is made absolute.

JUDGE adgokar