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2014 Supreme(Bom) 419

MRIDULA R.BHATKAR
Ajay Naik Dessai, Diploma Holder in Civil Engineering – Appellant
Versus
Police Inspector, Canacona Police Station – Respondent


Advocate Appeared:
For the Applicant:Anaclet Viegas, Arun Bras De Sa, Nitin Raut Dessai, Amey A. Phadte, Advocates.
For the Respondents: S.R. Rivankar, Public Prosecutor.

Oral Order:

1. Application is moved by the applicant/accused for the anticipatory bail under Section 438 of the Criminal Procedure Code.

2. The applicant/accused is charged with the offences punishable under Sections 336,337,338,304 read with Section 120-B of the Indian Penal Code and also under Section 7 read with Section 13(1)(a) read with 13(2) of the Prevention of Corruption Act, 1988.

3. It is the case of the prosecution that a ground plus four storey building collapsed at Canacona on 4/01/2014 leading to 31 casualties. The applicant/accused was holding a post of Municipal Civil Engineer at the relevant time. The building which collapsed was not complete though Occupancy Certificate was granted to the said building on 26/12/2013. The building was constructed for the residential purpose. However, when collapsed, it was not occupied for the purpose of residence. The persons who died and injured in the calamity were all labourers employed by the contractor. The sub quality building material was used without taking proper precaution in respect of foundation, so building was week. The building was standing on earth fill which was not solid. Thus, after the disaster, police visited










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