Kondhwa wall collapse: Court rejects anticipatory bail of Kanchan builders
Additional sessions judge SM Deshpande rejected the pre-arrest bail application of Pankaj Vhora, Suresh Shah, Rashmikant Gandhi - partners of SVG Kanchan Group, who are the builders of Kanchan Exotica residential building.Updated: Jul 03, 2019, 16:31 IST
The Pune district and sessions court on Tuesday rejected the anticipatory bail application of three builders in connection with the Kondhwa wall collapse case that took place on June 29, in which 15 persons were killed.
Additional sessions judge SM Deshpande rejected the pre-arrest bail application of Pankaj Vhora, Suresh Shah, Rashmikant Gandhi - partners of SVG Kanchan Group, who are the builders of Kanchan Exotica residential building. The labourers worked at the Kanchan Exotica site where the incident took place.
Defence lawyers Shrikant Shivde, Sudhir Shaha, Nandini Deshpande and Neelima Vartak, argued that the police registered the case even before a committee was formed to look into negligence. The labour camp was built by a contractor and the accused are ready to cooperate during the investigation, they argued.
However, the police submitted that its a case of culpable homicide and that builders had not taken precautionary measures regarding the safety of labourers. After the court rejected the application, the lawyers said that they will file an appeal in the Bombay High Court against the district court order.
Judicial magistrate first class AS Deshpande of Pune cantonment court on Tuesday also extended the police custody of real estate developers Vivek Sunil Agarwal (32) and Vipul Sunil Agarwal (30) till July 6. The Agarwals were arrested by Kondhwa police on June 29 and were produced before judicial magistrate first class SS Ramdin on Tuesday on account of expiry of their police custody.
The remand application moved by Kondhwa police before the magistrate stated that the police have recovered building layout plans, work order copy for the construction of the retaining wall, order of PMC city engineer asking the builders to move labour camps to safer places to prevent loss of lives in monsoon, amenity space documents, non-agriculture (NA) land order, development rights related documents and other crucial documents related to the Alcon Stylus Society.
Police told the court that PMC city engineer Prashant Waghmare had issued a safety norms related notification to all the builders on April 15 directing them to shift the labour campus to safe places to prevent loss of life.
The police told the court, “It was the developer’s responsibility to shift labourers to another location,” adding that the developers did not pay heed to the PMC engineer’s directions.
The remand application further stated that the city engineer had communicated to the builders to seek necessary permissions for carrying out construction work and a letter seeking structural audit of the wall. The application mentioned that a high level five-member committee has been constituted to probe the case and fix responsibilities under additional district collector and the report would be submitted to the government within eight days.
Wanted accused builders
Jagdishprasad Tilakchand Agarwal (64), a resident of NIBM road, Kondhwa
Sachin Jagdishprasad Agarwal (34), a resident of Magarpatta road, Hadapsar
Rajesh Jagdishprasad Agarwal (27), a resident of Hadapsar
FIR lodged on June 29 at 1:04pm
Death toll :15
Injured persons: 03
Crime lodged under IPC sections 304 and 34