Bhubaneswar: A local court here Tuesday postponed the bail plea hearing of SUM Hospital owner Manoj Nayak to October 27.
Earlier, commissionerate police had registered a case against Nayak and four others under Sec 304 which is non-bailable and punishable with imprisonment for life, or imprisonment of either description for a term which may extend up to 10 years and under Sections 308, 285 and 34.
However, Nayak’s lawyers Tuesday argued that their client should have been charged under section 304A of IPC which is bailable and punishable with imprisonment up to two years, or with fine, or with both.
Addl public prosecutor Pradyumna Patnaik told Orissa POST the court has postponed Nayak’s bail plea hearing to October 27. “During Nayak’s bail plea hearing Tuesday, his lawyers made an argument that a case against their client should have been registered under section 304A. The court sought the case diary from the police in this regard and posted the hearing to October 27,” Patnaik said.
“Commissionerate police officials investigated precisely and registered a case in this regard under section 304 (punishment for culpable homicide not amounting to murder). Court will first look at the case diary and then we will counter Nayak’s lawyers’ arguments during the next hearing,” he added.
Earlier, fire services DG Binoy Kumar Behera had told this newspaper they had not given fire certificate to SUM Hospital in 2013 after they found out that the hospital had not followed their guidelines.
Earlier, keeping in view Delhi’s Uphaar Cinema fire mishap which had claimed several lives in 1997, the Supreme Court had noted that adherence to safety standards in India is the key to prevention of such tragedies. The apex court had observed that those concerned with enforcement of such standards often turn a blind eye to the violations, and in the process endanger the lives of those who visit such places and that the authorities concerned cannot be permitted to let their guard down. Meanwhile, Nayak will stay in Jharpada Jail till the next hearing.
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