HC directs Mah Govt to file reply in Alistair Pereira case
Mumbai, Nov 29 (UNI) The Bombay High Court today directed the Maharashtra government to file a reply by December one, to the appeal for bail by Alistair Anthony Pereira, who accidentally caused the death of seven pople in Bandra on November 12 due to reckless driving under influence of alcohol.
While hearing the plea, Justice S C Dharmadhikari was told by the defence Advocate Ashok Mundargi that the investigation was almost over in the matter.
Advocate Mundargi had earlier 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 the Indian Penal Code (IPC).
However, if the prosecution wants to charge him, section 304 A of the IPC pertaining to rash and negligent driving should apply in the case and that too at the appropriate stage of the trial, when the chargesheet is being filed, he added.
Pereira's bail has already been rejected by the sessions court on November 23 following which he moved the High Court.
In the wee hours of November 12, Pereira's Toyato Corolla ran over 15 construction workers, killing seven and injuring eight. The victims were sleeping in front of a temporary shed on Carter road in the western suburb of Bandra. Pereira was arrested and is presently in judicial custody.
He has been booked under various sections of the IPC, of which only section 304 is non-bailable.
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