P.H. Jayani 929 ABA1217.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. 1217 OF 2022

1) Sagar Rupchandra Bansode

2) Iqbal Ahmed Ansari

3) Rahul Ganesh Khariv

…. Applicants

v/s.

The State of Maharashtra

…. Respondent

Mr. S.M. Jha a/w. Mr. Abhimanyu Yadav and

Ms. Kavita Mishra for the Applicants.

Mr. N.B. Patil, APP for the State.

Mr. Sadashiv Sawant, PI, Kandivali Police Station.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 06^th MAY, 2022.

P. C. :-

.

This is an Application under section 438 of Cr.P.C. for pre-arrest

bail in C.R.No.537/2022 registered with Kandivali Police Station,

Mumbai for offences punishable under section 308 r/w. 34 of the

Indian Penal Code.

2.

Heard Mr. Jha, learned counsel for the Applicants and Mr. N.B.

Patil, learned APP for the State. I have perused the records and

considered the submissions advanced by the learned counsel for the

respective parties.

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3.

The aforesaid crime was registered pursuant to the First

Information Report (FIR) lodged by Chandrashekhar Mhatre, Police

Constable. It is alleged that on 13/04/2022, at around 17.45 hours,

while the complainant was on duty, he received a phone call stating

that three labourers were lying unconscious state in a public toilet

water tank. He visited the site and shifted the said victims to Oscar

Hospital, Charkop, Kandivali (W). The Complainant learnt that the

water tank of the public toilet was being repaired. The work of

repairs/construction of the said public toilet was allotted to the co-

accused – Bhavesh Madani. It is alleged that the said labourers/victims

were engaged by the Engineers - the Applicant Nos.1 and 2, Sagar

Bansode and Iqbal Ansari and the Supervisor Rahul Kharvi, who had

told them to enter into the said public toilet water tank for repairing

leakage work. The said labourers fell unconscious inside the water

tank. The Complainant has alleged that the Applicants and others had

endangered life of the said labourers by instructing them to enter the

said public toilet water tank. He, therefore, lodged a complaint and the

aforesaid crime has been registered.

4.

The records prima facie indicates that the contract for planning,

designing and construction of RCC ground + two storeyed community

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toilet block in slums in various wards of Mumbai was awarded to the

co-accused – Bhavesh Madani. He had entered into an agreement of

sub-contract with Atharva Lifespaces LLP., on the terms and conditions

mentioned in the agreement dated 25.06.2021. The

repairs/construction work was being carried out by the sub-contractor.

The FIR itself indicates that the Applicant Nos.1 and 2 being the

Engineers and Applicant No.3 being the supervisor of the sub-

contractor, had engaged the labourers to carry out the said work. It is

alleged that the Applicants had instructed the labourers to enter the

water tank. There is no prima facie material to indicate that the

Applicants had knowledge that entering the tank would endanger the

life of these labourers. There is also no prima facie material to show

the direct nexus between the act of the Applicants and the

injuries/medical condition of the labourers. Hence, in my considered

view, prima facie essential ingredients of Section 308 are not made as

against these Applicants. Under the circumstances, the Application is

allowed on the following terms and conditions :-

(a)

In the event of arrest of the Applicants in

C.R.No.537/2022 registered with Kandivali Police Station,

Mumbai, they shall be released on bail on furnishing bail

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bonds in the sum of Rs.25,000/- each with one or two sureties

in the like amount ;

(b)

The Applicants shall report to the Investigating Officer

for two days from 09/05/2022 between 11:00 a.m. to 02:00

p.m. for the purpose of investigation and interroga