The Bombay high court on Monday admitted an application by the state government to enhance Nooriya Haveliwala’s sentence for culpable homicide.
The government had also appealed against her acquittal under section 333 of the Indian Penal Code for voluntarily causing grievous hurt to prevent a public servant from discharging his duty. Justice Abhay Thipsay pointed out that there was no evidence to show that she voluntarily caused hurt, adding that the court would decide on that appeal later.
Apart from seeking an enhanced punishment of 10 years for the drink driving accident of January 2010 which had killed two persons including a policeman, the state has also challenged her acquittal under the Narcotic Drugs and Psychotropic Substances Act on the grounds that she was under the influence of drugs when the incident happened.
Thipsay also heard a plea to grant bail to Haveliwala, who was sentenced to five years’ imprisonment after causing a drink-driving accident in January 2010. Her advocate, Abad Ponda, said there was no way she would leave the country if bail was granted to her, even though she is a foreign national, as her passport is in the custody of the American embassy in Mumbai.
Additional public prosecutor Usha Kejriwal, however, said that she would like to submit evidence to oppose the bail plea.