Crl M.P. Nos. 8824 and 8825/2013 in Cri. A. No. 1286 of 2010. Case: WU Chuannan and Ors. Vs State of Chhattisgarh. Supreme Court (India)
| Case Number | Crl M.P. Nos. 8824 and 8825/2013 in Cri. A. No. 1286 of 2010 |
| Judges | Surinder Singh Nijjar and Fakkir Mohamed Ibrahim Kalifulla, JJ. |
| Issue | Indian Penal Code 1860, (IPC) - Section 304 |
| Citation | 2013 (10) SCALE 654 |
| Judgement Date | August 12, 2013 |
| Court | Supreme Court (India) |
Judgment:
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These Criminal Miscellaneous Petitions, filed on behalf of (1) Wu Chuannan, (2) Liu Gaoxuan and (3) Wang Weiqing, applicants - Appellants Nos. 1, 2 and 3 respectively, praying for permitting the applicants to return to China during the pendency of the proceedings before the trial Court. It is stated that the applicants were constrained to move the Crl.M.Ps. for necessary directions before this Court as in the earlier application, whilst releasing the applicants on bail, certain conditions had been imposed by this Court. The reasons stated in the Crl.M.Ps. indicate that all the three applicants are employees of the Chinese Company called SEPCO, which had been granted EPC contract by BALCO, dated 20th August, 2007, to construct a 1200 MW power plant at Korba, Chhattisgarh, which included construction of the chimney. It appears that, during the construction, the chimney collapsed which resulted in death of certain labourers. Despite the fact that the employees although were employees of SEPCO, were not immediately responsible for construction of chimney, still the proceedings were initiated against them under Section 304 and other Sections of Indian Penal Code, 1860.
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On earlier occasion, by order, dated 30th April, 2010, this Court has permitted the applicants to visit China for specific reason. On 30th April, 2010, this Court directed release of the applicants on bail so that they are able to go back to China. However, whilst granting bail, the Consulate General of the People's Republic of China in Kolkata was directed to file an affidavit of undertaking that the applicants shall be present in Court during the trial. Now, the present Crl.M.Ps. have been filed, primarily, on the ground that all the applicants are family persons and they also employed in high positions in the Company which would entail travel to countries outside China for the purposes of the business of the Company in which they are employed. A prayer is made that the applicants be permitted to leave India and to reside in China during the pendency of the trial subject to the condition that they shall make themselves available at any time as directed by the trial Court or by this Court. An affidavit has been filed by the applicants. The Crl.M.P. is accompanied by a letter issued by the Consulate General of the People's Republic of China in Kolkata in which it is stated that the applicants are now required to return to the headquarters of the organization as...
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