Back
BHARATI DANGRE
Mohammad Rafique Mohammad Saleem Siddiqui – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
1. The applicant came to be arrested in C.R.No. 953/2021 being registered with Malwani police station on 10/6/2021. The said C.R invoke Ss. 304(2), 336, 337, 338 r/w Sec. 34 IPC. On completion of investigation, chargesheet has been filed and the case has been committed to the Sessions Court, Dindoshi, Borivali Division, vide Sessions Case No.500/2021.
2. An unfortunate incident occurred on 9/6/2021 when the ground plus two storeyed building constructed 8 years back, situated at Malwani (West), Mumbai collapsed on the adjoining structure. The persons residing in the said building were trapped under the debris and this included the wife of the present applicant, his brother and his wife and six minor children.
3. The accused no.1 Ramzan Nabi Shaikh who was entrusted the contract, came to be arrested on 10/6/2021 and on 19/7/2021, his Bail Application is rejected, by recording the gravity of the accusation faced by him and considering the material compiled in the charge-sheet to the effect that he was responsible for carrying out the construction of the building which was found to be of inferior quality. 3 When the charge-sheet was presented to the Metropolitan Magistrate, Bor
The court considered the nature of the offence and the evidence collected by the prosecution to determine the applicant's eligibility for bail.
The main legal point established in the judgment is that the direct involvement of the accused in the construction and supervision of the building, as evidenced by witness statements and technical re....
The main legal point established in the judgment is the requirement of sufficient grounds and prima facie evidence for framing charges against the accused at the stage of section 227 proceedings.
Building owners have a constitutional obligation to ensure structural safety, and neglect renders them accountable for harm arising from collapses.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
