HC junks builder’s pre-arrest bail in Sanskruti Amin case
The Dindoshi sessions court last Wednesday rejected the anticipatory bail plea of builder Bhavesh Gulabchand Sanghrajka (43), who is facing arrest in connection with the death of 22-year-old Sanskruti Amin on October 8. Sanskriti was killed by a cement block that fell from his under-construction building in Jogeshwari East
MUMBAI: The Dindoshi sessions court last Wednesday rejected the anticipatory bail plea of builder Bhavesh Gulabchand Sanghrajka (43), who is facing arrest in connection with the death of 22-year-old Sanskruti Amin on October 8. Sanskruti was killed by a cement block that fell from his under-construction building in Jogeshwari East.
The FIR was registered on the complaint of Sanskruti’s father, Anil Umesh Amin (56), at Meghwadi Police Station under Sections 105 read with Section 3(5) of the Bharatiya Nyaya Sanhita (BNS)—provisions relating to culpable negligence resulting in death. Sanghrajka moved the plea under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for pre-arrest bail. The sessions court passed the order on October 29.
The investigating police officer and the additional public prosecutor Imran K Shaikh opposed Sanghrajka’s bail application, arguing that he had ignored previous warnings about falling debris and that the construction site did not comply with government safety norms. They also raised concerns that the builder, described as “an influential person”, might tamper with evidence or influence witnesses if granted bail.
Sanghrajka’s counsel contended that his client was not present at the site when the mishap occurred and that the project had obtained all requisite permissions, including a Commencement Certificate (CC) issued after inspection of safety measures. The defence further noted that the project’s manager and site supervisor, responsible for day-to-day operations had already been arrested, and asserted that the investigation was at a preliminary stage.
However, the court found that the safety measures at the site were grossly inadequate. Photographs submitted by the investigating officer and the informant’s lawyer revealed torn safety nets, gaping holes and heavy debris hanging precariously from the structure. The court also noted the absence of a temporary pedestrian arcade, which is mandatory under the government’s special safety guidelines for high-rise constructions.
“It appears that utmost care and precautionary measures, as mandated under the Commencement Certificate, were not followed,” the judge observed, emphasising the need for a detailed investigation to ascertain individual responsibility for the fatal accident.
The court also took exception to the applicant’s conduct, pointing out that Sanghrajka had simultaneously filed an anticipatory bail application before the Bombay high court on October 16, without disclosing this fact to the sessions court during arguments held on October 27. The court remarked that the applicant “has not come with clean hands”.
Arun Kotian, Sanskruti’s uncle said that the anticipatory bail application had been rejected by the court but the builder was absconding. “The police say he and his wife are not at their home,” he said. “A red corner notice should be issued if he is trying to leave India.” Members of the Billawa community, to which Sanskruti belonged, had also rallied around alongside Tulu and Kannadiga speakers in huge numbers and kickstarted a ‘No bail, only jail’ protest.
Sanskruti’s father, Anil Umesh Amin (56), told HT that his daughter had completed a course in hotel management and had begun working at RBL Bank just a week earlier. “She had just left home at around 9.30 am,” he said. “I was at home having breakfast when I heard a loud scream from outside. I rushed out and saw a crowd gathered and Sanskruti lying on the ground in a pool of blood. We rushed her to hospital but she was declared dead on arrival. I am still in a state of shock and cannot believe that my only daughter has left me.”
Locals said that the building contractor had put up safety nets but they were torn and damaged at several places. “This is not the first time something has fallen from the building,” said Parvati Pawar, Sanskruti’s neighbour. “Earlier, an iron rod and brick had come hurtling down but fortunately nobody was hurt. We have complained to the building supervisor many times to put up proper safety nets, but they ignored our complaints and that has now cost Sanskruti her life.”
Additional sessions judge T T Aglawe noted that the photographs produced before the court showed that the safety nets placed around the building were torn at many places and heavy construction material was seen hanging from the nets. “Huge holes are seen in the nets, which cannot be termed safety nets,” he said.
The bench also highlighted that the temporary arcade to safeguard pedestrians had not been erected by those involved in the construction of the building. Stating that the investigation was at a preliminary stage, the judge held that a detailed and fair investigation was warranted to pin responsibility for the incident. “The custodial interrogation of the applicant may be necessary for the same,” it noted, after rejecting Sanghrajka’s application.
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