The investigation in the Carter Road carnage is still pending and the police is yet to record the statement of the concerned Brihanmumbai municipal corporation (BMC) officials to ascertain whether the temporary structures on the road were legal or not.
Public prosecutor S Pednekar told the Bombay High Court on Wednesday that they have to record the statement of the BMC official while opposing the bail application of the Alistair Pereira, the driver of the Toyota Corolla car that rammed into persons sleeping on the side of the Carter Road, killing seven and injuring eight others.
Justice SC Dharmadhikari asked the police to file the affidavit in reply by December 1st while observing that the police had taken the stand that the investigation was still in progress while opposing Pereira’s bail application in sessions court.
"And in either case, it is state’s responsibility to protect lives of the citizens," remarked Justice Dharmadhikari.
Pereira and four others were driving in a Toyota Corolla in the wee hours of November 12 when the car ran over labourers sleeping on Carter Road in suburban Bandra. All except Pereira, who was driving the car were released on bail.
His counsel Ashok Mundargi argued that the investigation was nearly over as the Chemical Analysis report which determines whether the person was drunk or no has been received. Besides, the medical examination report has been received and also statements of witnesses have been recorded.
The report of experts to determine whether the axle of the wheel broke which caused the accident or whether the axle broke due to accident impact was also received.
"The report states that it cannot be concluded whether the axle broke before or after the accident," said Mundargi. Pereira has taken stand that while driving the axle of the wheel broke which caused him to lose control of the car causing the accident.
He has also stated in his bail application that it is even the fault of the persons who were sleeping in the temporary shed outside the Carter Road.
Pereira approached the Bombay High Court on Monday seeking bail after the sessions court rejected his bail application on November 23. The court rejected his bail observing that he was driving rashly under the influence of alcohol and under the circumstances he should have known that it could lead to accident causing death.
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