Bombay HC gives bail to owner of Malad building that collapsed in 2021 killing 12 – Times of India

MUMBAI: The Bombay high court has granted bail to the owner of a two-storeyed building that collapsed in June last year at Malwani, Malad (west) killing 12 people including nine of his family.
“The applicant, in any case, cannot be attributed a rash and negligent act, resulting into the collapse of the building where he himself has lost his family members,”” said Justice Bharati Dangre, in her August 3 order allowing the plea of Mohammad Rafique Siddiqui who lost his wife, brother and his wife and six minor children.
On June 9, 2021 the building collapsed on the adjoining structure.
On June 10 contractor Ramzan Shaikh who constructed the building was arrested by the Malwani police.
Siddiqui was booked under IPC sections including 304 (II) (culpable homicide not amounting to murder) and 336 (rash and negligent act).
He surrendered on August 9, 2021 before a magistrate who sent him to judicial custody.
The judge noted that the chargesheet revealed that the building was constructed eight years ago.
It was weakened due to the Nisarg cyclone and had developed cracks.
Informed about it by Munir Shaikh, who lived in the adjoining structure, Siddiqui contacted Ramzan Shaikh who assured he would take appropriate steps and by providing support in form of angles, any further damage could be avoided.
Advocate Mubin Solkar, for Siddiqui, argued that his arrest was wholly unwarranted and he could not have been negligent as his house had developed cracks due to cyclone Nisarg.
He immediately got the contractor to fill the cracks with cement.
Solkar said Siddiqui would not have let his family stay there had he known the structure was dangerous. He was lucky as he had gone to buy milk.
Justice Dangre then noted that a rash and negligent act leading to the collapse cannot be attributed to Siddiqui.
“He may face the consequences of the trial when the prosecution will establish and connect him to the grave and negligent act. However, at present, in the wake of the nature of the offence and the evidence collected by the prosecution and compiled in the charge-sheet, the applicant cannot be continued in detention and deserves his release on bail,” she said, directing his release on a personal bond of Rs 25,000.