The court on Thursday rejected the bail application filed by Shamim Abdul Wahid, Mohammed Hussain, Jaiprakash, Ali Baba, Shoeb and Rajesh Arjun who were arrested in connection with the massive fire at
The court on Thursday rejected the bail application filed by Shamim Abdul Wahid, Mohammed Hussain, Jaiprakash, Ali Baba, Shoeb and Rajesh Arjun who were arrested in connection with the massive fire at the Deonar dumping ground. They sought bail on the ground that there was no need to keep them in custody as the police had not sought their custody when they were arrested and they were remanded in judicial custody on the first day of arrest.
Advocate Shoeb Khan on behalf of the applicants also claimed that they were falsely implicated in the case and the police do not have any evidence against them to show that they were in anyway responsible for causing the fire at the dumping ground.
The defence also argued that section 436 (mischief by fire or explosive substance with intent to destroy house, etc) of IPC is not applicable on this case as the section does not speak about fire in the open space and Deonar dumping ground is an open space and hence, they should be granted bail.
Public prosecutor Jyoti Sawant had opposed the bail plea saying this is not a simple case of fire and it affected a very large area and a huge number of people’s health. She pointed out that even fire fighters who were extinguishing the fire were finding it difficult to breath. She also said that the investigation in the matter was at a crucial stage and the accused could tamper with evidence.
