The Bombay High Court granted bail to a Bhiwandi-based landowner who was arrested last year after a residential building collapsed, killing 8 persons and injuring more than 13 others last April.On May 1, the Narpoli Police Station in Thane arrested Patil for offenses punishable under sections 304(2), 337, 338, and 427 read with 34 of the Indian Penal Code.
While granting bail to landowner Indarpal Patil, the court observed that regarding the allegation of erecting a mobile tower over the terrace of the building without considering its structural stability, it appears that the structural engineer, ‘Unique Design,’ had certified the structural stability of the building to house the mobile tower on March 19, 2023.
The question as to whether the applicant had the requisite intention or knowledge to cause the death of the victims, so as to fall within the ambit of the offense punishable under section 304 of the Penal Code, would be a matter for adjudication at the trial.
Sana Raees Khan, counsel for Patil, argued that the applicant had no role in the incident of the building collapse. The allegations of the prosecution that the building was constructed without the permission of the planning authority are not correct. In fact, the building was constructed with the prior permission of the Gram Panchayat Val, Tal. Bhiwandi.
Even the mobile tower was installed on the terrace of the building after obtaining the stability certificate from the consulting structural engineer. It was submitted that the inquiry conducted by the Government revealed that the building collapsed as excess goods were stored in the said building beyond its capacity, for which the applicant was not responsible.
Tanveer Khan, the APP, resisted the prayer for bail. He submitted that 8 lives were lost in the incident. There are statements from witnesses which indicate that the applicant had not carried out necessary repairs and maintenance. Therefore, the building collapsed. Hence, the applicant does not deserve to be enlarged on bail.
“In the aforesaid view of the matter, the question as to whether the applicant had the requisite intention or knowledge to cause the death of the victims, so as to fall within the ambit of the offense punishable under section 304 of the Penal Code, would be a matter for adjudication at the trial. Undoubtedly, the building collapsed and resulted in the death of 8 persons. 13 persons sustained injuries. Nonetheless, the aspect of the complicity of the applicant deserves to be taken into account.
The investigation seems to be complete for all intents and purposes. The applicant has roots in society. The possibility of tampering with the evidence, in the context of the nature of the accusation, appears remote and hence I am inclined to exercise discretion in favor of the applicant,” said Judge NJ Jamadar.
