The Gujarat High Court on Monday reserved its order on a discharge application moved by Vismay Shah,the 27-year-old accused in the infamous BMW hit-and-run case,in which two youths were killed in February.
In his petition,Shah contended that if at all any case should have been registered against him,it would be that of causing death by negligence and not culpable homicide not amounting to murder.
On the night of February 24,Shah was driving his BMW on the Judges Bungalow Road of Vastrapur area when he hit two youths. One of them,Shivam Dave (25),died on the spot whereas Rahul Patel (21) succumbed to his injuries. Shah had evaded arrest for a couple of days and then surrendered to the police.
Vastrapur police had registered an offence against Shah under various penal charges for culpable homicide not amounting to murder. However,Shah had challenged this and moved a discharge petition before the concerned trial court. However,the concerned sessions court had dismissed his petition. Following this,Shah had approached HC.
Shahs counsel on Monday argued before the court of Justice S G Shah that the CCTV footage produced by the prosecution,along with the chargesheet,clearly revealed that the two victims were crossing the road from the wrong side,without giving motorists any indication. So,he added,Shah alone was not responsible for the accident.
After detailed hearing,the court reserved the order while orally stating that it would declare the same before September 11 when the case was scheduled for framing of charges against the accused.