Nooriya Haveliwala will stay in the Byculla women's prison for now, with the sessions court rejecting her bail plea on Friday.
Her lawyer Renuka Laxmeshwar said they will file for anticipatory bail in the HC. On January 29, a drunk Haveliwala ran over six people with her car, killing two, including a policeman. On February 6, the beautician applied for bail, saying the police have finished interrogating her.
While police have registered a case under section 304 (culpable homicide not amounting to murder), she claimed she could be only be booked under section 304 (a) (death due to negligence).
Haveliwala contended the deaths were an accident resulting from her collision with a taxi, which saw her car overturn after she lost control, which is why she could not be charged for voluntarily causing grievous hurt to deter a public servant from his duty.
She also assured the court she would be available for trial and would not tamper with the evidence.
However, the police had opposed her bail saying that she was over speeding at the time when the accident took place. Further the police had also said that she was under the influence of alcohol and drugs at the time of incident.
Police said she lived in a rented place at Colaba, placing her at greater risk of absconding. Public Prosecutor R V Kini argued that section 304 applied since she did not stop her vehicle even after spotting policemen on duty.
On Friday, Haveliwala was released from J J Hospital after a 16-day stay. Police Commissioner D Sivanadhan said they will examine her prolonged stay in hospital and submit their findings to the court.