The Esplanade magistrate metropolitan court on Wednesday granted bail to Nooriya Haveliwala as the police did not file a charge sheet against her even after the stipulated 60 days period.
On January 30, in an inebriated state, Haveliwala had rammed her SUV into six persons, killing two, including a policeman.
Nooriya’s lawyer, Renkuka Lakshmeshwar, said that the police had to file the charge sheet with 60 days of the incident. “We told the magistrate’s court that the police did not file the charge sheet in the stipulated time”, said Lakshmeshwar.
LT Marg police had registered a case against her under section 304 (culpable homicide not amounting to murder). A forensic examination had revealed that Haveliwala had consumed alcohol and drugs when she was driving on the night of the accident.
On February 26, the sessions court had rejected her bail application after the police told the court that section 304 (culpable homicide not amounting to murder) under Indian Penal Code was applicable against her, as she did not stop the vehicle even after spotting policemen on duty.
Nooriya had also moved the Bombay High Court against the sessions court’s order saying that she could only be booked for offence of death due to negligence. She also said that entire incident was an accident and collision with a taxi at the signal. As a result, her car overturned as she lost control and hence she could not be charged for voluntarily causing grievous hurt to deter a public servant from his duty.
The high was supposed to hear her bail plea on Thursday. However, her lawyer would now withdraw the application from the high court.