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Tuesday, May 26, 2020

SC refuses bail to 27-yr-old in Ahmedabad hit-and-run case

Two youths have lost their lives,who equally had a right to live.

Written by Express News Service | New Delhi | Published: May 3, 2013 2:35:13 am

Wary of sending “wrong signals” to society,the Supreme Court on Thursday dismissed a bail plea of Vismay Shah,accused of running over two youths in his speeding BMW car in Ahmedabad two months ago.

“Our conscience does not allow it. Two youths have lost their lives,who equally had a right to live. We should not be seen sending a wrong signal to the society that whosoever has a BMW car can move up to the Supreme Court and get relief,” said a Bench led by Justice H L Dattu.

Shah,27,was allegedly driving his luxury sedan on February 25 when it hit a motorcycle in Vastrapur area of Ahmedabad. The two youths riding the bike — Shivam Dave,25,and Rahul Patel,21 — died. Shah had first escaped the spot but surrendered before the police a couple of days later after pressure mounted from all sides.

After the incident,Shah was booked under milder penal provision of causing death due to rash and negligent driving but was later booked for culpable homicide not amounting to murder. His bail plea was dismissed by the sessions court and the High Court.

The High Court,while dismissing Shah’s bail plea,had observed that the roads of the city were not “racing tracks” and that it was a driver’s duty to provide for immediate medical care of the victims in case of an accident. Shah however,the court had noted,fled the spot.

“The applicant,following the incident,did not inform the police nor did he organise medical help for the victims. In fact,he fled the accident spot. Moreover,as per FSL reports,the accused was driving the BMW at the speed of 112 kmph despite knowing that he was endangering human lives at such a speed,” it had said.

Compelled to move the apex court,Shah said that there was no need to keep him incarcerated since the chargesheet had already been filed in the matter and investigation stood concluded.

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