Date:11/09/2008 URL: http://www.thehindu.com/2008/09/11/stories/2008091158460100.htm

Front Page

Supreme Court cancels bail to Ansal brothers in Uphaar fire case

J. Venkatesan

NEW DELHI: The Supreme Court on Wednesday cancelled the bail granted by the Delhi High court to two Ansal brothers and two former managers, accused in the Uphaar Cinema fire tragedy case. Fiftynine people died in the fire at the Cinema hall in the capital on June 13, 1997.

A Bench of Justice B. N. Agrawal and Justice G. S. Singhvi while cancelling the bail granted to Sushil Ansal, Gopal Ansal and ex-managers of the theatre Ajit Chowdhary and Nirmal Chopra, directed them to surrender before the Additional Chief Metropolitan Magistrate, Patiala House latest by 4 p.m. on September 11.

The Bench passed this order while allowing appeals filed by the Association of Victims of Uphaar Tragedy (AVUT) and the Central Bureau of Investigation challenging the bail granted to the four accused in January this year. While the Ansal brothers were convicted for two years, the former managers were sentenced seven years imprisonment.

The Bench in its order said “ordinarily we would have passed a reasoned order but in view of the fact that appeals are still pending before the Delhi High Court, if a detailed order is passed the same may prejudice any one of the parties in the appeal. We do not propose to adopt that procedure.”

The Bench said “having given our anxious consideration of the entire matter we are of the view that in the facts and circumstances of the case, it was not a fit case in which the High court should have granted bail to the four accused.”

As far as Ansal brothers were concerned, the Bench said “it is well settled that in appeal against conviction under Section 304 A IPC, the offence being bailable, bail is granted without much ado. But in the fats and circumstances of the present case especially in view of the conduct of the accused persons during the trial, we are of the view that it is not a fit case for grant of bail to these accused.”

The Bench cancelled their bail and the bail bonds furnished by them and asked them to surrender latest by 4 p.m. on September 11.