Case Note & Summary
The judgment concerns three bail applications filed by accused persons arrested in connection with the collapse of an illegally constructed building in Thane, which resulted in 74 deaths and 62 injuries. The applicants, Abdul Salim Shaikh, Jamil Ahmed Jamaluddin Shaikh, Haddisullah Raggibullah Chaudhary, and Abdul Hakim Mohd. Naseer Chaudhari, were partners in a construction business and had constructed two buildings, 'Adarsh A' and 'Adarsh B', without obtaining permission from the Thane Municipal Corporation. They were arrested in April 2013 and had been in custody for over 18 months. The prosecution alleged that the applicants had illegally procured land from adivasis and constructed the buildings with connivance of municipal officers. The applicants sought bail under Section 439 of the Code of Criminal Procedure, 1973. The court examined the prima facie case against the applicants, particularly the applicability of Section 304 IPC (culpable homicide not amounting to murder). The court noted that the prosecution had not produced evidence to show that the applicants had knowledge that their act of constructing the building was likely to cause death. The court distinguished between cases of rash and negligent act (Section 304A) and culpable homicide (Section 304), holding that the latter requires a higher degree of mens rea. Since the trial was not likely to conclude soon and the applicants had already been in custody for a significant period, the court granted bail to all applicants on certain conditions, including furnishing a personal bond and surety, and not tampering with evidence.
Headnote
A) Criminal Law - Bail - Unlawful Construction - Section 439 CrPC - Applicants charged under Sections 304, 308, 338, 337, 120B IPC and Sections 3, 4, 5 of the Maharashtra Prevention of Dangerous Activities Act - Court held that prima facie case under Section 304 IPC (culpable homicide not amounting to murder) was not made out as there was no evidence of knowledge that the construction was likely to cause death - Bail granted considering long incarceration of over 18 months and no likelihood of trial concluding soon (Paras 1-10).
Issue of Consideration
Whether the applicants are entitled to bail under Section 439 CrPC in a case involving collapse of an illegally constructed building resulting in deaths and injuries, considering the nature of allegations and period of custody.
Final Decision
Bail granted to all applicants on conditions including furnishing personal bond of Rs. 50,000 with one surety, not leaving India without court permission, and not tampering with evidence.
Law Points
- Bail
- Unlawful Construction
- Culpable Homicide
- Section 304 IPC
- Prima Facie Case
- Long Incarceration
