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 partnership. They had illegally procured some land belonging to the adivasis. They had constructed two buildings i.e. "Adarsh A" and "Adarsh B" on the plot of land described as Lucky Compound. They had not obtained or secured any permission from the municipal corporation to carry out the said construction work. A number of complaints about the illegal construction that was going on were made by different persons to various authorities, but the concerned authorities, and the municipal officers deliberately ignored the complaints, and permitted the illegal work to be carried out, as they had been bribed by the said applicants and others. The construction work was hurriedly carried out, and it was sub-standard. The 'A' building was completed in a haste. The 'B' building was also being completed hurriedly and the construction of seven floors was completed in just about 4 months. In order to avoid any action from the municipal corporation, and to make the demolition of the illegal construction difficult, the applicants-on the advice of the municipal officers-had inducted some persons in the said building as tenants/gratuitous licencees, or temporary occupants. While the construction of the 8th floor was going on, the "Adarsh B" building collapsed on 4th April 2013, causing death of 74 persons and injuries to other 62. One of the occupants of the building-Sharfuddin Mukhtar Ali Mansoori who was having two tenements in the said building, and who himself was injured due to the collapse of the said building, lodged a report with the Shil Diaghar Police Station which was treated as the First Information Report, and a case in respect of offences punishable under sections 304 IPC, 336 IPC, 337 IPC, 338 IPC r/w section 34 of the IPC, was registered.

During the course of investigation, some more offences were added to the case, and the police report submitted after investigation alleges that the applicants (and the other accused) have committed the offences punishable under sections 304 IPC, 336 IPC, 337 IPC, 338 IPC, 308 IPC, 120(B) IPC, 109 IPC, 119 IPC, 420 IPC, 465 IPC, 467 IPC, 468 IPC, 471 IPC, 427 r/w section 34 of the IPC and u/s. 13(1)(d) of the Prevention of Corruption Act, 1988.

4. In the course of investigation, there have been shocking revelations. The investigation revealed the close and ugly nexus between the builders and municipal officers. It transpired that the builders were paying bribes to the Officers from the municipal corporation and that therefore, in spite of repeated warnings and complaints from several persons, the municipal authorities did not take any action in the matter. They had allowed the building to be constructed upto 8 floors, and had connived at the illegal construction work which was being carried out openly, high handedly, and by flou