Alistair applies for bail in HC after rejection in Sessions

Mumbai, Nov 27 (UNI) Alistair Anthony Pereira, an accused in accidentally causing death of seven persons and injuring eight at Bandra due to reckless driving under influence of alcohol, today applied for bail before the Bombay High Court as the same was rejected by the Session Court on November 23.

Justice S C Dharmadhikari has adjourned the hearing to November 29.

Advocate Ashok Mundargi, on behalf of Pereira, prayed to the court that his client had neither the knowledge nor the intention to commit the crime hence he cannot be charged with section 304 (culpable homicide not amounting to murder) of Indian Penal Code.

However, if the prosecution wants to charge him, section 304 A of the IPC pertaining to rash and negligent driving should apply in this case and that too at the appropriate stage of the trial when the chargesheet is being filed, he added.

But prosecution lawyer Swapnil Pednekar opposed the bail plea contending that the accused should have the knowledge of the consequences of his act of driving rashly under the influence of liquor. Also, innocent people died for no fault of theirs.

Meanwhile, the investigation is in progress and considering the gravity of the offence, the court should not grant him bail.

In the wee hours of November 12, Pereira's Toyato Corola ran over 15 construction workers sleeping in front of a temporary shed on Carter road,Bandra west. He was arrested and presently is in judicial custody since then. He has been booked under various sections of the IPC, of which only section 304 is non-bailable.

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