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Journalism of Courage
Observing that a temporary arcade to safeguard pedestrians was not erected, a sessions court in Dindoshi last week rejected an anticipatory bail plea that a Mumbai developer filed after a cement block at his construction site fell and caused the death of a 22-year-old banker.
The sessions court rejected the plea of Bhavesh Sanghrajka on October 29. The building is under construction at Jogeshwari. On October 8, a cement block from the site fell on Sanskruti Amin, causing her death. The Meghwadi police registered an FIR under sections including 105 of the Bharatiya Nyaya Sanhita for culpable homicide not amounting to murder, which has a maximum punishment of life imprisonment.
“It appears that the cement block fell down from the building on the adjoining road/galli used by the neighbouring people. It appears from the photographs that a temporary arcade to safeguard pedestrians on the road has not been erected/provided by the persons involved in the construction of the high-rise building. It is not the case of the applicant that he is not concerned with the construction of the building. As per the submissions of the learned advocate for the applicant, Manager and Supervisor are arrested. The investigation is at a preliminary stage. A detailed investigation is warranted as to who is responsible for the incident. The custodial interrogation of the applicant may be necessary for a detailed and proper investigation,” said Additional Sessions Judge T T Aglawe.
The investigating officer opposed the plea, stating that the developer had not complied with conditions for the construction of the building and had not taken proper precautions. Incidents of articles falling off the under-construction building were reported even before Amin’s death, despite which care was not taken, it was further alleged.
Sanghrajka, through his lawyer, submitted that the building had all the required permissions, including a commencement certificate, which was given after a spot inspection and verification of safety measures. He also said that safety nets had been installed. The builder further said that a manager and supervisor were responsible for the construction work and that they had already been arrested. He also said he was not present when the incident took place and that his custody was not required.
