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 Hot
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 some 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

ness
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

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
-

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Subsequently, Sug came to know that unfortunately, the said incidence of fire has caused the loss
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.

is legally permitted to serve hukkah as the circular issued by office of Commissioner of Police

restaurants are allowed to serve Hookah in Smoking zone area as per the Cigarattes and Other
Tobacoo Products Act 2003 (COTPA).

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 dated 06/08/2021 states all unfortunate victims have died in the
- re was no ventilation
or exhaust fan in the bathroom/toilet where unfortunate death happened due to suffocation. The

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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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