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2014 Supreme(Bom) 2181

A.M.THIPSAY
Abdul Salim Shaikh – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:Majeed Memon, Senior Advocate, Shine i/b MZM Legal, N.P. Dalvi, Advocate and Niteen Pradhan, Senior Advocate.
For Respondents/Defendant: S.V. Sonawane, V.S. Mhaispurkar, APPs and Shishir Hiray, Special Public Prosecutor.

ORDER

1. These three applications can be conveniently disposed of by this common order, as the applicants in all these applications are the accused in one and the same case i.e. Special Case No. 17 of 2013 arising out of C.R. No. I-63 of 2011 registered at Shil Daighar Police Station, Thane. There are totally 23 accused who have been arrested in the said case. The applicants-Abdul Salim Shaikh and Jamil Ahmed Jamahuddin Shaikh (in Bail Application No. 850 of 2014) were arrested on 6th April 2013. The applicant-Hadisullah Raggibullah Chaudhary (in Bail Application No. 179 of 2014) was arrested on 11th April 2013 and the applicant-Abdul Hakim Mohd. Naseer Chaudhari (in Bail Application No. 236 of 2014) was arrested on 15th April 2013. The applicants are in custody since the dates of their respective arrest.

2. The case relates to the collapse of a building that was being constructed illegally without permission from the Municipal Corporation of Thane, and with the connivance of the officers from the Municipal Corporation. 74 persons died in the mishap and 62 were injured.

3. The case of the prosecution is as follows:-

That the applicants were carrying on construction business in partners









































































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