DIPAK DESAI Vs. STATE

JUDGEMENT

(1.) HEARD the learned Counsel for the parties.

(2.) THIS common order shall dispose of the above three applications for bail filed by the applicants in Crime No.1/2014 registered with Canacona Police Station for offences punishable under Sections 336, 337, 338 and 304 of Indian Penal Code ('IPC' for short), to which subsequently, the offences under Sections 120 -B of IPC and Section 7 and 13(1) (a) and (d) of the Prevention of Corruption Act, 1988 ('P.C. Act' for short) have been added. The applicant Dipak Desai, the Additional Collector -II, North Goa, Panaji, who was holding additional charge of Chief Officer of Canacona Municipal Council in addition to his regular post as Deputy Collector, at Canacona between January, 2010 to October, 2010 and Mr. Pradeep Naik, the Dy. Collector, who worked as Chief Officer, Canacona Municipal Council between September, 2011 to July, 2012 and again from December, 2012 to October, 2013 were arrested on 12/02/2014, whereas the applicant Prashant Shirodkar, who was working as Deputy Collector for Canacona from 10/07/2012 to 13/01/2014 was arrested on 13/01/2014, in the said Crime. Presently all the applicants are in judicial custody.

(3.) /01/2014 at around 14.30 hours, the accused persons being the builder, contractors, engineers, supervisors, architect, TCP Department and others, connected with construction of two residential buildings (Ground+2 and Ground+4) known as ''Ruby residency '' at Ruby Construction site, situated in survey Nos 26/2, 26/3 and 26/4 of Chaudi, Canacona, constructed the same or acted in so rash and negligent manner, endangering human life and personal safety of others and having knowledge that such act may take lives of others, which building collapsed on 04/01/2014 causing death of 31 construction workers and causing simple/grievous injuries to other about 50 workers. 4. Another complaint dated 29/01/2014 was received from Mr. Saroj Kolah and Mrs. Gulshan Kolah, from Mumbai, alleging that the accused Builder and the Contractor deceived them and dishonestly induced them to pay an amount of Rs.16,86,086/ - towards the purchase of flat in Ruby Residency at Chaudi, Canacona, which collapsed on account of which Section 420 of IPC was also added to the same Crime. Even Section 17 -A of the Town and Country Planning Act has been added to the Crime.