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This is an archive article published on December 23, 2022
Overwhelming evidence of accused speeding before incident: court on Bandra-Worli Sea Link accident
Irfan Bilakiya’s bail application was rejected on December 17, the detailed order was made available on Thursday. Five people were killed and nine were injured in the accident that took place on November 5. The court said that the maximum speed on the sea link stretch is 80 km/hr.
Additional public prosecutor J N Suryawanshi opposed the bail plea stating that red cone reflectors placed on the road were ignored and the vehicle was being driven at a high speed with the knowledge that it could prove dangerous.
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Overwhelming evidence of accused speeding before incident: court on Bandra-Worli Sea Link accident
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IN A detailed order rejecting bail to the South Mumbai-based businessman booked for the accident at the Bandra-Worli Sea Link last month, a sessions court said that there is ‘overwhelming’ prima-facie evidence that the accused drove his vehicle at a very high speed.
Irfan Bilakiya’s bail application was rejected on December 17, the detailed order was made available on Thursday. Five people were killed and nine were injured in the accident that took place on November 5. The court said that the maximum speed on the sea link stretch is 80 km/hr.
“It can be seen from the CCTV footage, the report of Maharashtra State Road Development Corporation (MSRDC) authorities and the say of the investigating officer that at one point in time the applicant drove his vehicle at the speed of 140 kmph. Hence, even at this prima facie stage, in the light of the facts narrated above, the applicant may be attributed with the knowledge of the consequence that took place later,” Additional Sessions Judge V S Gaike said in his order.
The Worli police have charged Bilakiya under Section 304 (II) (culpable homicide not amounting to murder) of the Indian Penal Code. Bilakiya through his lawyers had argued that it cannot be said that he had knowledge or an intention to commit the offence in which five persons lost their lives and nine were injured. It was submitted that at most, it can be said that the act can be covered under Section 304A (rash and negligent act), which has a lesser punishment.
Additional public prosecutor J N Suryawanshi opposed the bail plea stating that red cone reflectors placed on the road were ignored and the vehicle was being driven at a high speed with the knowledge that it could prove dangerous.
The court said that the accused had moved from the second lane of the sea link to the fourth at a high speed, where other vehicles were parked after one of them had a tyre burst. The court said that the accused may flee if granted bail or may pressurise the witnesses.
The court said that further investigation is still in progress in the case and reports are yet to be received from concerned government authorities.
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