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PRAKASH D. NAIK
Yunus Razzak Shaikh – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
PRAKASH D.NAIK,J. - The Applicants are seeking bail in connection with C.R. No.79 of 2020 registered with Mahad City Police Station for offences punishable under Ss. 304, 304-A, 337, 338 read with 34 of the Indian Penal Code. During the course of investigation Ss. 420, 471 and 201 of IPC were added.
2. The First Information Report (for short 'FIR') was lodged by Suhas Sitaram Kamble, Engineer working with Mahad Nagar Palika on 25/8/2020.
3. The first informant has alleged that, information was received on 24/8/2020 at about 06:15 pm, building namely that 'Tarik Garden' situated at 382-B, 382-C and 383-B consisting of five floor had collapsed and it has resulted in casualties. The informant visited the place of incident. On inspection, he noticed that inferior quality material was used for constructing the building which was the cause of collapse of building and consequent death of persons and causing injuries to several persons. On verification of documents it was noticed that, the building was constructed in the property owned by Abdul Razak Kadir Shaikh. It was constructed by proprietor of M/s. Kohinoor Developers Mr. Farooque Mahamoodmiya Kazi. The work of RCC design rel
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 judgment emphasizes that the material must prima facie indicate the accused's guilt of culpable homicide, and the knowledge of the accused persons about the sub-standard construction being likely....
The court considered the nature of the offence and the evidence collected by the prosecution to determine the applicant's eligibility for bail.
(1) Mens rea is essential for a negligent act to be brought in ambit of criminal liability.(2) Negligence in civil law may not be necessarily a negligence in criminal law.
Point of law : Power is conferred or a duty is imposed by a statute or otherwise and there is nothing said expressly inhibiting the exercise of the power or the performance of the duty by any limitat....
To establish corruption under the Prevention of Corruption Act, intentional wrongdoing must be proved beyond negligence, with the court emphasizing the necessity for a prima facie case based on exper....
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