Mumbai, May 13, 2022 – Mobin Hakummuddin Khan, a 66-year-old, has been granted bail by the Sessions Court in Mumbai in connection with a building collapse case. Khan was arrested in connection with Crime No. 30/2022, registered at Nirmal Nagar Police Station.

Background

This was Khan’s second bail application. His first bail application was rejected on February 22, 2022, in B.A.No.347/2022. In this second application, Khan argued that the investigation was complete, he had cooperated with the investigation, and he was the sole breadwinner for his dependents.

The Allegations

On January 26, 2022, Room No. 533, Noor Ki Chawl, Behram Nagar, Bandra (E), Mumbai, collapsed. The building, a Ground + 5 storey structure, was allegedly constructed without permission from the Corporation. The collapse was attributed to substandard construction, and Khan, as the owner and a person related to the illegal construction, was held responsible.

Prosecution’s Objections

The prosecution, through a written statement (Exh.2) from the Investigating Officer, reiterated the facts alleged in the charge sheet and opposed the bail application on two grounds:

• There is a possibility of Khan pressuring prosecution witnesses.
• There is a possibility that Khan will not attend the trial.

Khan’s Arguments

Mr. Ganesh Iyer, representing Khan, argued that the investigation was complete, and the charge sheet had been filed. He emphasized that Khan had cooperated with the investigation and was now in judicial custody. He also highlighted that Khan was the sole breadwinner for his dependents.

Court’s Observations and Decision

Additional Sessions Judge M.G. Deshpande considered the submissions and the documents on record. The court noted that the previous bail application was rejected because the investigation was ongoing and the charge sheet had not been filed. However, now that the charge sheet had been filed, the investigation was complete.

“Admittedly, the chargesheet has been filed indicating the investigation is over. Accused had joined investigation and thereafter remanded to judicial custody,” Judge Deshpande stated in the order.

The court also considered that the trial’s commencement and conclusion were uncertain.

“No one is sure when the case will be committed, charge will be framed, trial will begin and conclude. It cannot be ignored that applicant is bread winner of his family who are dependent on him. Keeping him behind bars for uncertain period that too when investigation is over, is not justified,” Judge Deshpande stated.

The court decided to grant bail, stating that the prosecution’s concerns could be addressed by imposing conditions on Khan.

Bail Conditions

Khan was granted bail on a personal bond of Rs. 30,000 with one or two sureties of the same amount. The court imposed the following conditions:

• Khan must attend Nirmal Nagar Police Station once a week on every Friday between 8:00 a.m. and 5:00 p.m. and maintain a record for 60 days.
• Khan must undertake not to pressurize the informant and prosecution witnesses and not to tamper with the prosecution’s evidence.
• Khan is permitted to furnish provisional cash security of Rs.30,000 for a period of two months.
• The bail process will be completed before the lower court.

Key Points

• Completion of Investigation: The completion of the investigation and the filing of the charge sheet were key factors in the court’s decision.
• Breadwinner: The court considered Khan’s role as the sole breadwinner for his dependents.
• Conditions Imposed: The court imposed conditions to address the prosecution’s concerns about witness tampering and Khan’s attendance at trial.
• Building Collapse: The case involved the collapse of an illegally constructed building.