Fire Incident at Jamala Mills Compound for Sug Pali and His Company

Assignment Task

Moot Problem 4

Sug Pali is a resident of Rune residing at 102, Raj heights, Kothrud, Rune -31. He belongs to a family dealing in the business of hospitality and transport services since several years in Central India, which has to their credit successful running of various Hotels, Resorts etc. Sug has various businesses at Rune, in the name of Wai Goods Transport Garrage, Wai Automobile, Wai Hospitality Pvt. Ltd., which is running one of the prestigious Hotel of Rune City by name "Hotel Wai International. In the said Hotel, Sug Pali has also applied for and was granted Certificate of Import & Export. Sug is an Income-tax payee and a peace loving and law-abiding citizen.

As Sug is in hotel business, he decided to open a Restaurant at Dumbai. For the said purpose, he along with somea of his friends incorporated a Company by name "Tirupati Restaurants & Cafe Private Limited" wherein Sug is one of the Director and shareholder. The said Company obtained a premise admeasuring about 3300 Sq.ft. alongwith right to use adjoining open area of 4410 sq.ft. and upper mezzanine floor of 2500 sq.ft. situated at third floor of Trade House, Jamala Mills Compound on Leave and License basis from the owner of the land and the Developer namely "Royal Traders" & "Jamala Mills Limited". Upon obtaining all the necessary permissions as required from various authorities for running the business, Sug's company started the business under the name and style as "MOJOS VISTRO" in the said premises in the month of May, 2021.

Sug got married on 11/07/2021 at Jaipur at destination wedding and reception was held at Rune on 13/07/2021. Sug and his wife Prachi went for honeymoon to Australia on 16/07/2021 and returned to India on 04/08/2021.

On the night in between 5th & 6th August, 2021, there was an unfortunate incidence of fire in the adjoining Restaurant namely "10 Above". Sug was not present at the time of the said incidence anywhere near the said restaurant. He was telephonically informed about the said incidence by his Manager after midnight of 05/08/2021 i.e. sometime at about 1:00 a.m. of 06/08/2021, while he was travelling from Rune to Dumbai. By the time Sug reached the spot at Jamala Mills and met his staff, everything was over and he was not allowed to go near the building, as the premise was completely sealed off for the rescue operations. Sug was informed that the staff of his Company has not only ensured that all the customers of the restaurant of the company of Sug are safely rescued from the fire, which has spread to the restaurant of the company of Sug also, but they had saved the lives of many customers of "10-Above" restaurant, who were trapped in the fire.

Subsequently. Sug came to know that unfortunately, the said incidence of fire has caused the los of lives of as many as 14 persons, besides injuring many.
Crime No.291/2021 was registered at T.M.Roshi Marg Police Station, Dumbai for the offences punishable under Sections 304 & 337, 338, 216, 285 read with Section 34 of Indian Penal Code or in any other offences against Sug and 4 more persons on 06/08/2021.

It is alleged that the fire started at the terrace of Sug's hotel as hukkah was served. But Sug's hotel is legally permitted to serve hukkah as the circular issued by office of Commissioner of Police dated 09/04/2020 which is based on order of the Hon'ble Supreme Court itself has clarified that restaurants are allowed to serve Hookah in Smoking zone area as per the Cigarattes and Other Tobacoo Products Act 2003 (COTPA).

The Staff of Sug's Restaurant was thoroughly trained staff and due to this reason, the staff was able to locate the building fire and evacuate the guests and others to safety, without any injuries or casualties and they also helped the customers of the other restaurant.

Details of Hotel Premises: The said premises was obtained on Leave and License basis, the construction as required by the Company of Sug was provided by the Landlord and the Sug has not carried out any construction of permanent nature. The adjacent premises of the said building. another Restaurant by name '10 Above' was being run. There was a common wall between the two Restaurants. As far as the Restaurant run by the Company of Sug is concerned, all the necessary permissions including the permission from the Fire Department was granted by the competent authorities and the Company has complied with all the measures/requirements which the authorities have called upon to do. It is learnt that as far as the adjoining Restaurant is concerned, the said adjoining Restaurant was said to have not complied with various requirements particularly pertaining to Fire Safety as directed by the authorities. There is a map which was in fact part and parcel of the Leave and License Agreement executed in favour of the company of Sug.

The Spot Panchanama' dated 06/08/2021 states all unfortunate victims have died in the bathroom/toilet constructed by 10-Above' restaurant and it appears that there was no ventilation or exhaust fan in the bathroom/toilet where unfortunate death happened due to suffocation. 

The forensic report submitted by the prosecution it is categorically stated that Carboxyhaemoglobin was detected in blood sample of victims in forensic examination reports dated 08/08/2021.

Sug has been arrested on 10/08/2021 in Crime No.291/2020 dated 06/08/2021 registered at T.M.Roshi Marg Police Station, Dumbai for the offences punishable under Sections 304 & 337, 338, 216, 285 read with Section 34 of Indian Penal Code. Sug has been sent to Judicial Custody on 16/08/2021 after being in Police custodial remand for 6 days. A bail application was presented before the magistrate Court Goiwada, Dumbai, which came to be rejected on 21/08/2021. Sug has now applied for a regular bail before the Sessions Court, Dumbai.

Draft and argue a Bail application on behalf of Sug and draft a reply to the Bail Application on behalf of investigating officer/State denying the grant of bail.

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