Tathya Patel – the driver of the Jaguar that mowed down nine people and injured 13 others. (Express File Photo) Pragnesh Patel, 44, the father of key accused Tathya Patel and himself a co-accused in the Iskcon flyover accident that killed nine people, moved the Gujarat High Court with a temporary bail application on August 23.
The Ahmedabad district court had earlier refused the temporary bail plea moved on grounds of Pragnesh Patel requiring cancer treatment and check-up at Tata Memorial Hospital in Mumbai.
The Ahmedabad district court also refused to grant bail to Tathya Patel, 20, on August 24, as five of his friends who were in the Jaguar car at the time of the accident are prosecution witnesses with some of them even recording their statements under CrPC Section 164 (confessional statements). “There is a strong apprehension of winning over the main prosecution witnesses,” the Court observed.
Both Tathya Patel – the driver of the Jaguar that mowed down nine people and injured 13 others – and his father Pragnesh Patel have been booked under Sections 279 (rash driving), 337 and 338 (hurt and grievous hurt caused by rash and negligent act), 304 (culpable homicide not amounting to murder), 308 (attempt to commit culpable homicide), 504 (intentional insult with intent to provoke breach of peace), 506 (2) (criminal intimidation), 114 (abetment) and 188 (disobedience to order promulgated by public servant) of the Indian Penal Code. They have also been charged under Sections 177 (breaking traffic laws), 184 (dangerous driving), and 134 (b) (duty of driver in case of accident and injury to a person) of the Motor Vehicles Act.
The state while opposing Tathya Patel’s bail plea had submitted that he is a “habitual person to commit similar type of offence and thereafter settle the dispute with the complainant”. It also contended that as per the Jaguar car company’s report, it appeared that Tathya Patel did not try to brake despite knowing that he was driving at a speed of over 141 kmph. According to the state, one of the injured persons continues to remain unconscious.