Bombay HC rejects Pereira's bail plea

Mumbai, Sept 7: The Bombay High Court today rejected a bail plea of Alister Pereira in connection with the November 12, 2006 Bandra hit-and-run case.

The court had deferred the hearing after enhancing Pereira"s jail term to three years from six months awarded by a Sessions Court for running his car over labourers sleeping on a Bandra pavement. He killed seven of them last November.

Periera had surrendered to the police yesterday, after he was sentenced to three years rigorous imprisonment.

Delivering the verdict, a High Court judge said: “Alister does not deserve any sympathy."

A division Bench comprising Chief Justice Swatanter Kumar and Justice Ranjana Desai said the prosecution had successfully established that Pereira was drunk when the accident happened.

The Bench also imposed a fine of Rs.5 lakh on him.

The Judges found Pereira guilty under Section 304 (II) (act with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death), 338 (causing grievous hurt by an act endangering the life or personal safety of others) and 337 (causing hurt by an act endangering the life or personal safety of others) of the IPC.

Pereira had moved the high court, seeking his acquittal while challenging his conviction by a fast track court last month on the grounds that he was convicted under Section 304-A of the IPC which did not figure in the chargesheet.

Pereira was found guilty of causing death due to negligence not amounting to culpable homicide (Section 304-A) and causing injuries (Section 337 of IPC) by the Sewri Sessions Court.

The lower court judgement had sparked a public outcry, which led to the High Court taking suo motu notice of the incident. It had issued a notice to the Maharashtra Government, asking why the prosecution of the case was so "pathetic".

The Maharashtra Government had moved the court against the lower court's judgement in giving lighter punishment to Pereira.

Additional Sessions Judge Ajit Mishra, who handed a six-month imprisonment to Pereira, has since resigned.

ANI
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