Kamala mills fire: HC rejects bail plea of Mojo’s Bistro and 1Above owners

In a report, the Brihanmumbai Municipal Corporation had said the blaze started at Mojo’s Bistro when a flying ember from coal served on a hookah touched a curtain. The BMC claimed inflammable objects kept in the open-terrace establishment led to the fire spreading to adjacent 1Above.

Bombay High Court (Express Photo by Pradeep Kocharekar/File)

The Bombay High Court on Thursday rejected the bail applications of Yug Pathak, the owner of Mojo’s Bistro, and Kripesh Sanghvi, Jigar Sanghvi and Abhijit Mankar, the owners of 1Above, in connection with the Kamala Mills fire on December 29.

In a report, the Brihanmumbai Municipal Corporation had said the blaze started at Mojo’s Bistro when a flying ember from coal served on a hookah touched a curtain. The BMC claimed inflammable objects kept in the open-terrace establishment led to the fire spreading to adjacent 1Above. A blocked exit and alleged illegal structures had resulted in the patrons at 1Above being trapped and they died of suffocation, the BMC and police claim.

The accused had claimed that while the police had booked them under charges, including 304 (culpable homicide not amounting to murder), 338 (causing grievous hurt by act endangering life or personal safety of others), 337 (causing hurt by act endangering life or personal safety of others) and 34 (common intention) of the IPC, they could, at the most, be booked under section 304 (a) (causing death due to negligence), which attracts a less severe punishment.

Special Public Prosecutor Prakash Shetty objected to all bail pleas stating that the accused had knowledge that their acts could endanger lives. An intervention application filed by 52-year-old Rakesh Lakdawala had also opposed the bail plea stating that it was due to alleged “illegalities” that he lost his wife Parul (49).

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