http://www.telegraphindia.com/1120413/jsp/calcutta/story_15368492.jsp#.T4g8KVFa5vY

Todi last AMRI boss to get bail

A STAFF REPORTER

S.K. Todi, the last of the AMRI Hospitals directors behind bars, was granted bail by the high court on Thursday. He has been in custody for 126 days since December 9, the day a fire broke out at the group's Dhakuria hospital, leading to 91 deaths. The division bench of Justice Asim Kumar Roy and Justice Asim Kumar Ray observed that the industrialist could be released on bail as the chargesheet had been filed and there was little chance of the trial starting anytime soon. Senior Supreme Court lawyers Ranjit Kumar and Abhimanyu Bhandari had flown in for Todi's defence. Counsel for the state said a petition would be filed in the Supreme Court, seeking cancellation of Todi's bail. The state has already moved higher courts against the bail granted to AMRI directors R.S. Agarwal and Pronab Dasgupta, vice-president (administration) Preeta Banerjee and senior vice-president Satyabrata Upadhayay. "We will appeal against the bail granted to the other accused as well, except 91-year-old Mani Chhetri who has been granted the reprieve because of his failing health. We are waiting for the court orders before filing the appeal petitions," said a state lawyer. Of the 16 people mentioned in the chargesheet, only one — night administrator Sajid Hossain — is still behind bars. He was in charge of the hospital administration when the fire broke out. Three of the accused directors — Rahul Todi, Priti Sureka and Aditya V. Agarwal — are absconding. Based on an appeal by the state, the Alipore chief judicial magistrate had issued proclamation notices against the trio, but there is a stay on their execution till the next hearing on April 25. "The trio may try to seek anticipatory bail while there is a stay on the notices," a lawyer said. A proclamation notice is an announcement that the properties of an absconder would be attached if he/she does not surrender by a specified date. Some of the directors, such as R.S. Goenka and Prashant Goenka, were granted bail because they were not members of the managing committee and hence, were not involved in the daily functioning of the hospital. Some members of the managing committee were granted bail on the grounds that other directors were already out. The next step after filing the chargesheet will be framing of charges. The chief judicial magistrate will pass on the chargesheet to the district judge who will frame the charges and conduct the trial. Police will have to table the copybook — a compilation of statements of the witnesses, list of seizures and evidences — in the court. "The prosecution has charged the accused with culpable homicide not amounting to murder (Section 304 of the IPC). The defence will try to dilute the case and get Section 304 replaced with Section 304A (death due to negligence)," said a senior lawyer. The maximum punishment for the first offence is life imprisonment. For the second offence, it's two years in jail.