B.A.1644/2022.

MHCC02-008910-2022
IN THE COURT OF SESSIONS FOR GR.BOMBAY
AT BOMBAY
BAIL APPLICATION NO.1644 OF 2022
IN
C. R. No.420 of 2022
Dilip Krishan Biswas
Age: 37 years. Occ: Contractor
R/a: Bhuwadi Chawl,
LBS Marg, Kurla West,
Near Bail Bazar, Kurla
Mumbai-400 070.

… Applicant.
(Orig. Accused No.4)
Versus
State of Maharashtra
At the instance of Sr. P.I.
Nehru Nagar Police Station,
Mumbai
… Respondents
(Orig. Complainant)
Ld. Advocate Mr. Mokashi for applicant present.
Ld.APP Mrs. Raykar for the State.
CORAM : HIS HONOUR THE ADDL.SESSIONS JUDGE
SHRI.M.S.KULKARNI (C.R.NO.56)
DATED : 13th July, 2022.
ORAL ORDER
This application is for transit bail which is moved under
Section 439 of the Cr.P. Code, in respect of C.R.No.420 of 2022
registered at Nehru Nagar Police Station, Mumbai, offences punishable
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B.A.1644/2022.

under Section 304,(2), 308, 338, 337 and r/w. 34 of Indian Penal Code.
2.

The applicant accused has been came on arrested on
28.06.2022, he was in police custody till 29.06.2022 since then he has
been in the Judicial custody.
3.

The FIR was lodged against the applicant/accused and
others in respect of an incident happened on dated 27.06.2022, when
one building situated in the Naik Nagar Co-operative Housing Society
limited, C- Building, Behind Ankush Bar, S.G. Barve Marg, Mumbai was
collapsed, taking lives of 19 people and making 14 people seriously
injured. So far as applicant/accused is concerned it is alleged that, he is
a contractor in carpentry business. He had taken flats on leave and
licence basis in the said building and caused 37 people who were from
West Bengal and Rajasthan therein. It is the further alleged that the
applicant/accused of Mumbai was well aware and have knowledge that
in the year 2013 itself the Municipal Corporation of Mumbai declared
said building as dangerous for human residence and even on
16.05.2016 municipal corporation disconnected the electricity and
water connection, provided to said building.
4.

The applicant/accused has filed bail application on the
ground that, the applicant is a victim of the circumstances as he had not
prior knowledge about the conditions of the said building and he was
caused to take premises on leave and license.

Offences punishable
under section 304(2), 308 do not attracted against him, in the
background of facts as alleged, and he is person of good character
having social ties.
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B.A.1644/2022.

5.

The prosecution has strongly opposed the bail application,
on the ground that, investigation is still in progress and other accused
are yet to be arrested.

The applicant/accused is not permanent
residence of Mumbai as he is from West Bengal, and if he is released on
bai he will flee away from the justice.

6.

From the facts of FIR it is clear that applicant/accused had
put 37 people in the building, which was declared danger by municipal
corporation for human residence and even, when there was lack of
electricity and water connection to the said building. In the said mishap
19 people who were the unskilled or skilled labour, hailing from West
Bengal and Rajasthan having some knowledge in the carpentry have
lost their lives. There is surely social cry due to the said incident. In
such situation when investigation is still in progress, it is not proper to
release the applicant/accused on bail, though the rule say that bail is
right and denial is exception. So the bail application stand rejected with
following order:ORDER
Bail Application No.1644 of 2022 is hereby stand rejected
and disposed off accordingly.

Date : 13.07.2022.
Dictated on
Typed on
Draft checked on
Signed on
(M.S.Kulkarni)
Addl.Sessions Judge,
City Civil and Sessions Court,
For Greater Bombay
: 13.07.2022.
: 14.07.2022.
: 16.07.2022
: 18.07.2022
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B.A.1644/2022.

“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
NAME OF STENOGRAPHER
: 19.07.2022 at 03.04 p.m.
: Mr. A. S. Patil
NAME OF THE JUDGE
HHJ SHRI.M.S.Kulkarni
(C.R.No.56)
Date of Pronouncement of Order
13.07.2022
Order signed by the P.O. On
18.07.2022
Order uploaded on
19.07.2022
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