Ego Media director Bhavesh Bhinde changed looks to evade arrest after the FIR was registered against him in the Ghatkopar hoarding tragedy, the Mumbai police told the Bombay High Court on Wednesday.
Amid rains and strong winds, the giant billboard collapsed on May 13, killing 17 people and injuring more than 70. Bhinde was arrested four days later from Udaipur. The HC was hearing his plea, seeking quashing of the FIR against him, claiming that the incident was an “act of God”. Citing illegal detention, Bhinde alleged that police did not follow proper procedure while arresting him as he was not provided “ground of arrest” in writing.
Public prosecutor Hiten Venegaonkar submitted that he was not arrested on May 16, but was only caught by the Rajasthan police from a hotel. After the May 13 collapse, an offence was registered and Bhinde remained traceable till May 15. The police commissioner then decided to form different teams to probe. “Crime branch then got information and went to Ahmedabad (in Bhinde's search). They later traced him to Udaipur where he was staying in a hotel under a different name. There was a drastic change in appearance,” Venegaonkar said.
The officers had to confirm the accused's identity hence he was brought to Mumbai, where he was subsequently arrested. As per the law, he was produced before the magistrate within 24 hours for remand, said the prosecution. The police affidavit said that Bhinde was apprehended from Udaipur on May 16.
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“He was residing in a hotel by a different name and also his identity was completely changed in order to mislead police. Hence, he was brought to Mumbai and thereafter his arrest was made on May 17 at 12.40pm,” the affidavit underlined. It further said that a written arrest memo was also served upon Bhinde at the time of arrest, which mentioned “grounds of arrest” in writing. Only after complete satisfaction, the magistrate granted his remand to the police, the affidavit added.
Bhinde’s advocate, Rizwan Merchant, submitted that his client was not produced before a magistrate at Udaipur for transit remand as per the procedure. Venegaonkar contended that he was not arrested in Udaipur and hence there was no need for transit remand. Once in Mumbai, he was produced within 24 hours, said the prosecution.
A bench of Justices Bharati Dangre and Manjusha Deshpande reserved the order.
