Ten people died in the collapse in suburban Mahim on June 10. Police have filed the case under sections 288 (negligent conduct with respect to pulling down or repair of building), 304 (culpable homicide), 336 (act endangering life/personal safety) and 338 (grievous hurt) of the Indian Penal Code.
Iqbal Ibrahim, owner of the shop and the basement on the north side who had leased the basement to co-accused Sandeep Bafna, had sought anticipatory bail saying he was not responsible for the collapse.
His application claimed he had written to Municipal Corporation (BMC) requesting it to undertake repair of the building. It also said maintenance was the landlord's responsibility.
But the prosecution opposed the application saying the letters produced by Ibrahim had no endorsement of receipt by a government office. Public Prosecutor Jaisingh Desai said as Ibrahim had leased the property to Bafna, it was the joint responsibility of the landlord and Ibrahim.
Refusing anticipatory bail, the court noted that prima facie there was a case against Ibrahim.
The court had earlier given interim protection from arrest to Sharif Furniturewala and his brothers Mohammed and Irfan, sons of the former owner of the building, pending hearing on their advance bail pleas.
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