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Synopsis

The Bombay High Court has reserved its order in the petition filed by Bhavesh Bhinde, who was booked by Mumbai Police in connection with the Ghatkopar hoarding collapse that took the lives of 17 people.

The division bench of the high court comprising Justice Bharathi Dangre and Justice Manjusha Deshpande was hearing the petition by Bhavesh Bhinde, director of Ego Media Pvt Ltd., seeking to quash the FIR filed against him.

An FIR was registered against Bhide for culpable homicide not amounting to murder. He has sought interim bail pending the disposal of his plea to quash the FIR.

During the hearing today, Bhide contended that the arrest procedure under Section 41A of the Code of Criminal Procedure was not followed. Bhide argued that the collapse was an act of God.

Bhide, in his plea, also stated that the FIR was politically motivated and that all requisite permissions for the erection of the hoarding were obtained by the company.

He further argued that the Indian Meteorological Department had failed to predict the severe dust storm of 96 km/h, which caused the hoarding collapse, and therefore the firm should not be held accountable for the incident.

The Mumbai Police told the Bombay High Court that Bhinde was not arrested on May 16 but was only apprehended by the Rajasthan Police from a hotel.

"He was apprehended by the team from Udaipur, Rajasthan on 16.05.2024. It is further stated that, he was residing in a hotel by different name and also his identity was completely changed in order to mislead the police officers. Hence, he was brought to Mumbai and thereafter his arrest was made on 17.05.2024 at 12.40 PM. Therefore, the contentions mentioned in Para 18A is denied. The petitioner was produced well within 24hrs before the jurisdictional Magistrate," the affidavit reads. 

The affidavit also states that the written arrest memo was also served upon the bhinde at the time of arrest where by grounds of arrest are also mentioned. 

Further it was submitted that, the entire case file of investigation was produced during remand and perused by the Magistrate and after perusing the file and complete satisfaction that the arrest is made proper as per law the petitioner was granted police custody.