ABDUL SALIM SHAIKH Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) THESE three applications can be conveniently disposed of by this common order, as the applicants in all these applications are the accused in one and the same case i.e. Special Case No. 17 of 2013 arising out of C.R. No. I -63 of 2011 registered at Shil Daighar Police Station, Thane. There are totally 23 accused who have been arrested in the said case. The applicants -Abdul Salim Shaikh and Jamil Ahmed Jamahuddin Shaikh (in Bail Application No. 850/14) were arrested on 6th April 2013. The applicant -Hadisullah Raggibullah Chaudhary (in Bail Application No. 179/14) was arrested on 11th April 2013, and the applicant -Abdul Hakim Mohd. Naseer Chaudhari (in Bail Application No. 236/14) was arrested on 15th April 2013. The applicants are in custody since the dates of their respective arrest.

(2.) THE case relates to the collapse of a building that was being constructed illegally without permission from the Municipal Corporation of Thane, and with the connivance of the officers from the Municipal Corporation. 74 persons died in the mishap and 62 were injured.

(3.) IN the course of investigation, there have been shocking revelations. The investigation revealed the close and ugly nexus between the builders and municipal officers. It transpired that the builders were paying bribes to the Officers from the municipal corporation, and that therefore, in spite of repeated warnings and complaints from several persons, the municipal authorities did not take any action in the matter. They had allowed the building to be constructed upto 8 floors, and had connived at the illegal construction work which was being carried out openly, high handedly, and by flouting all the rules & regulations in that regard. Among the accused persons in this case, there are several officers from the Thane Municipal Corporation who are alleged to have received illegal gratification from the builders for not taking any action for the illegal construction. One of the accused is a Municipal Councilor in the Thane Municipal Corporation.