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The Delhi High Court Tuesday issued a bailable warrant against PP Batra, one of the persons convicted by a Delhi Court in July for the 1997 Uphaar cinema fire, which had claimed 59 lives.
A single-judge bench of Justice Purushaindra Kumar Kaurav passed the order in a plea filed by the Association of Victims of Uphaar Tragedy (AVUT) challenging the early release of Sushil Ansal, and Gopal Ansal, among others. The Court passed the direction for a bailable warrant against Batra, who was not present before the Court and was neither represented by a lawyer.
AVUT also moved the Delhi High Court, against the sentencing order of the Principal District and Sessions Judge, Patiala House, which reduced the sentence. The Principal District and Sessions judge in July had upheld the order of conviction but reduced the sentence of Sushil Ansal, Gopal Ansal, Batra, and DC Sharma from seven years simple imprisonment to a sentence already undergone (eight months and 12 days) and directed that they be released forthwith.
The high court Monday also issued a notice on a separate plea filed by Sushil Ansal challenging the Principal District and Sessions Judge, Patiala House order convicting and sentencing him for tampering with evidence, criminal conspiracy, and criminal breach of trust. The high court admitted Bansal’s plea and listed it for hearing. The Court also called for a soft copy of the trial court’s records pertaining to the case.
Sushil Ansal’s counsel submitted that the fine imposed in terms of the order of the trial court had already been deposited and disbursed as well. The counsel appearing for the State of Delhi accepted the notice and was directed to file a status report. The high court has now listed the matter on December 13.
A magisterial court had convicted the Ansal brothers and others under Sections 201 (tampering of evidence), 120B (criminal conspiracy), and 409 (criminal breach of trust by public servant) of the Indian Penal Code and awarded seven-year jail terms to the Ansals, besides imposing a fine of Rs 2.25 crore on each. The Principal District and Sessions Judge in July upheld the conviction order of the Ansals and two others who had challenged the conviction by a magisterial court. It, however, acquitted one co-accused, Anup Singh, and granted him bail.
Sushil Ansal in his plea has argued that the conviction order passed by the Principal District and Sessions Judge had mechanically adopted the reasoning provided by the trial court and had not provided independent reasons while upholding the conviction. The plea argues that the Principal District and Sessions Judge failed to consider that the petitioner had no motive or any benefit to derive from tampering with the documents which were already admitted. The petition further seeks Rs 3 crore from AVUT as security qua the fine deposited by the petitioner till the disposal of the plea.
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