The Bombay High Court on Friday directed the police to file a detailed affidavit in response to the petition of advertising firm director Bhavesh Bhinde, arrested in the Ghatkopar hoarding collapse case.
Bhinde has sought that the FIR registered against him be quashed claiming that the hoarding collapse, which killed 17 persons, was an act of God and he is released on interim bail pending hearing of the plea. He has been booked for culpable homicide not amounting to murder.
A division bench of Justices Bharati Dangre and Manjusha said the plea also raises the contention of illegal arrest as the mandatory notice under section 41A of the Code of Criminal Procedure was not issued to the accused first.
The bench said the police will have to clarify their stand on this as several judgments say that illegal detention necessitates immediate release.
Public Prosecutor Hiten Venegaonkar said a detailed affidavit will be filed.
The court posted the matter for further hearing on July 26.
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