Mumbai: The sessions court at Dindoshi has refused to grant anticipatory bail to Nimesh Uttambhai Desai of Shreeji group, booked after the death of junior site engineer, allegedly due to lack of safety measures.
Omkar Sankhe Died After Falling from Sixth Floor at Shree Vinayak Mangalam SRA Site
On July 7, Omkar Sankhe, who worked as a junior site engineer at the construction of Shree Vinayak Mangalam SRA Society, Vanrai, fell from the sixth-floor slab and died. His father later lodged a case with Malad police station for negligence.
Family Alleges Gross Negligence by Builder and Contractors
It was alleged that the incident accident occurred solely due to the gross negligence and carelessness of the developers and contractors as they fell to provide mandatory safety measures such as safety nets, safety belts, helmets and other safety equipment at the site.
Moreover, the applicant has not properly fixed or secured the iron walkway mesh (plank) and was merely placed on the slab on one side and rested on an iron pole on the other side without proper fastening.
It was further claimed that Sankhe fell while inspecting the site and as the iron walkway slipped. Sankhe sustained serious head injuries due to which he died during the treatment at a hospital in Malad.
Developer Claimed It Was a Routine Accident, Denied Negligence
Desai, however, while seeking anticipatory bail claimed that it was merely an accident. There is no negligence on the part of Desai. It was further contended that Sankhe fell during routine inspection and not from the external perimeter.
Safety measures including external safety nets, safety belts, helmets and other safety equipment were duly installed and monitored regularly on the outer periphery of the structure.
Court Finds Prima Facie Lapse in Safety Measures
The court however, said that “apparently, the alleged incident happened with Omkar while passing on the iron walkway. He fell down from the slab which was not property fixed on both sides. This prima facie indicates that no safety measures were provided to the workers and site Engineers on the construction site undertaken by the applicant.”
The court hence while rejecting his plea said, the offence is serious and investigation is in progress to find out the truth behind the incident, custodial interrogation of the applicant is necessary.
