Incarcerated film director Kaizad Gustad and his assistant Ashish Udeshi, held for accidental death of assistant director Nadia Khan, on Friday sought bail from a local court on the ground that they had been wrongly booked for offence of culpable homicide not amounting to murder.
Magistrate Usha Iyer issued notice to the prosecution to file its say on June 7. The duo are in custody till June 10.
In another development, the victim's family has shot off a letter to Gustad demanding inspection of certain documents including permission from railway authorities to shoot for a film on the tracks and insurance cover, if any, for the staff working on the shooting schedule.
The duo contended that 304 part two IPC (culpable homicide not amounting to murder) was not applicable to them.
They said police had booked them for the offence of causing death by negligence (section 304 A IPC) but the court had rejected this charge and instead applied the charge of culpable homicide not amounting to murder.
The accused also submitted through their lawyer Sayaji Nangre that their custody was no longer required as police had already recorded their statements and there was no recovery of any incriminating material from them. Police had also drawn a spot panchnama and recovered blood stained stones near the railway tracks at Mahalaxmi station.
According to police, Nadia was hit by a speeding train on May 25 when shooting of Gustad's film "Mumbai Central" was in progress at Mahalaxmi railway station. However, Gustad's assistant, Ashish Udeshi, had filed a police complaint saying Nadia was killed in a road mishap.