No bail for builder in Jogeshwari’s cement block falling case that killed one

According to the police, the incident occurred at 9:30 am on October 8 last year when Sanskruti was walking to work, just a few metres from her residence, when debris from the construction site fell on her from the upper floors of the under-construction building

MUMBAI: The Bombay High Court has refused to grant anticipatory bail to builder Bhavesh Gulabchand Sanghrajka, 43, who was arrested in connection with the death of 22-year-old Sanskruti Amin after a cement block fell from an under-construction building in Jogeshwari East.

No bail for builder in Jogeshwari’s cement block falling case that killed one

According to the police, the incident occurred at 9:30 am on October 8 last year when Sanskruti was walking to work, just a few metres from her residence, when debris from the construction site fell on her from the upper floors of the under-construction building.

Following the incident, the police registered a case based on the complaint of Sanskruti’s father, Anil Amin, against ‘all persons associated with Shraddha Lifestyle Company’ under Sections 105 (culpable homicide not amounting to murder) and 3(5) (common intention) of the Bharatiya Nyaya Sanhita, for not ensuring safety measures on the site that led to the accident.

Shraddha Lifestyle LLP, incorporated in 2014, lists Sanghrajka and Shraddha Bhavesh Sanghrajka as its designated partners. In his complaint, Amin alleged gross negligence on the part of the builder for failing to ensure adequate safety measures to protect pedestrians using the adjoining road.

Appearing for Sanghrajka, advocates Niranjan Mundargi and Rishi Bhuta argued that safety nets and other protective measures had been installed at the site. They also submitted that Sanghrajka was willing to cooperate with the investigation and that custodial interrogation was unwarranted. Opposing the plea, additional public prosecutor P.H. Gaikwad told the court that the builder had ignored safety requirements despite earlier incidents in which debris from the site had injured nearby residents.

A single-judge bench of Justice N.R. Borkar, in an order passed on January 7, held that it was the builder’s responsibility to ensure comprehensive safety measures at the site. Referring to the safety audit report, the court noted that adequate precautions were not taken despite previous mishaps. “Considering the nature of the crime, I am not inclined to release the applicant on anticipatory bail. The application is rejected,” the judge said.