Court rejects bail plea of sculptor: ‘Knew consequences of using inferior quality material’

“Admittedly, the Work Order has been issued successful favour of the contractor, i.e. the applicant (Apte) and aft a fewer months of the erection of statue, it collapsed. It is the lawsuit of the prosecution that, the applicant has utilized inferior prime material, portion carrying retired the enactment successful question and owed to that, the statue collapsed. Considering the alleged facts and circumstances, it cannot prevarication successful the rima of the applicant that, helium was not knowing the consequences of utilizing inferior prime material, arsenic per the allegations successful the report,” the tribunal said successful its order.

Apte successful his plea had said that helium is simply a nonrecreational sculptor and determination is thing to amusement that the worldly utilized successful the operation of the statue was inferior oregon the plan was defective. Apte done his lawyers besides submitted that a committee, which precocious submitted a study connected the incident, did not service him immoderate announcement oregon springiness him an accidental to enactment his broadside and hence it cannot beryllium relied upon.

Apte besides said that helium was being made a scapegoat to prevention the existent culprits.

The constabulary opposed the bail claiming that the accused were alert that the statue was by the seashore and utilized robust alternatively of stainless bargain contempt the anticipation of rusting. The constabulary besides claimed that crores of nationalist wealth was utilized for the constitution of the statue and that the accused had cognition that if immoderate untoward incidental could besides pb to nonaccomplishment of lives.

Apte had besides submitted that the constabulary could not person invoked sections pertaining to effort to execution and effort to culpable homicide successful the lawsuit arsenic determination was nary specified intention.

The tribunal said that successful airy of the allegations made by the police, it cannot beryllium ruled retired that the accused had knowledge. “In the airy of the lawsuit of the prosecution, the beingness of cognition connected the portion of the applicant, being the contractor of the enactment successful question, tin not beryllium ruled retired astatine this stage,” the tribunal said.