Amin Ajmuddin Lalani And ANR. v. The State Of Maharashtra, Thr. Pso, Aarmori Ps, Dist. Gadchiroli

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 659 OF 2025 Amin Ajmuddin Lalani and another Vs State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. Abhay Sambre, counsel for applicants.

Ms. T.H. Udeshi, APP for non-applicant/State. CORAM :MRS. VRUSHALI V. JOSHI, J.

DATED : 25/09/2025.

1.

Heard.

2.

Apprehending arrest at the hands of police in connection with Crime No.313/2025 registered with Police Station Armori, District Gadchiroli for the offence punishable under Sections 106(1), 125(a), 125(b) and 223 of Bhartiya Nyaya Sanhita, 2023, the applicants approached this Court for grant of pre-arrest bail. 3.

The prosecution case in nutshell is as under. The first informant is Town Planner and Developer in Municipal Council at Amravati. The applicants are the owners of the building bearing survey no. 1386/2 at Mouza Bhagatsing Chowk, Amrori, where a Hero Honda Showroom is located. The building was in a dilapidated condition therefore, the notice was issued by the Chief

Officer of Municipal Council under Section 195(3) and (4) of the Maharashtra Municipal Council, Nagpur Parishad and Industrial Estate Act, 1965. The notice was addressed to the applicants, informing them that the building was in a dilapidated condition and posed a serious threat to the neighbouring residents. The applicants were directed to carry out necessary repairs, failing which, the Municipal Council would undertake the repairs at the cost of the applicants. On 08/08/2025, one wall of the building fell down, six persons were injured and three of them lost their lives.

4.

The crime is registered and the applicants, who are the owners of the building, and they now apprehend arrest in connection with the said offence. Counsel for applicants submitted that the mother of the applicants is the owner of the house, and she died in 2020 and the mutation entry were not carried out.

5.

Learned APP has filed a reply and submitted that although a notice was issued, it was not shown to have been addressed in the name of the mother. Since the mother is no more, the responsibility lies with the applicants.

6.

Heard learned counsel for both parties.

7.

On perusing the recitals of the FIR and documents placed on record, it appears that applicants have already compensated the injured persons and the relatives of the

deceased by giving sufficient monetary compensation. Considering the accidental nature of incident and the steps taken by the applicants, the applicants are protected by granting anticipatory bail. Accordingly, I proceed to pass the following order:

a) The criminal application is allowed.

b) In the event of arrest in connection with Crime No.313/2025 registered with Police Station Armori, District Gadchiroli for the offence punishable under Sections 106(1), 125(a), 125(b) and 223 of Bhartiya Nyaya Sanhita, 2023, the applicants - (1) Amin Ajmuddin Lalani (2) Sadruddin Ajmuddin Lalani shall be released on anticipatory bail on executing P.R. Bond of Rs. 25,000/- each with one solvent surety in the like amount.

c) The applicants shall attend the concerned police station twice in a week on Monday and Thursday between 10.00 a.m. to 01.00 p.m.

and shall cooperate with the investigating agency.

d] The applicants shall not induce, threat or promise any witnesses who are acquainted with the facts of the present case.

e] The applicants have given undertaking that after getting the anticipatory bail, within 15

days they will demolish the dilapidated building.

Criminal application is disposed of.

(MRS. VRUSHALI V. JOSHI, J.)