Mumbai: Youth booked for knocking down tech firm CEO denied bail

Mumbai: Youth booked for knocking down tech firm CEO denied bail

The bail application, filed through Advocate Anjali Patil, stated that Merchant's friend and he were dropping a female colleague to her residence and didn't see the 57-year-old as it was a blind spot with a sharp turn.

FPJ News ServiceUpdated: Monday, March 27, 2023, 10:13 PM IST
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A city magistrate court has rejected the bail plea of 23-year-old Sumer Merchant, who has been booked for knocking down Rajalakhsmi Vijay, a tech firm CEO, when she was jogging at the Worli sea-face in the early hours of March 19. A detailed order is not yet available.

The bail application, filed through Advocate Anjali Patil, stated that Merchant's friend and he were dropping a female colleague to her residence and didn't see the 57-year-old as it was a blind spot with a sharp turn. It further said that the deceased was running in the wrong direction and after the mishap, the accused and his friends had helped to get Rajalakhsmi in an ambulance. The court was also asked to consider that the accused is a young boy with no criminal record.

The plea also pointed out that Merchant's breathalyser test, which was performed when he was taken into custody after the accident, showed negative result. So, there is no prima facie material to show that he was driving under the influence of alcohol. The plea further stated that Indian Penal Code(IPC) section 304(2) (culpable homicide not amounting to murder) doesn't apply to Merchant as he had no knowledge that his act could cause death. At the maximum, he said he would be liable for IPC section 304A (death by negligence). The latter is punishable by two years imprisonment or fine and the former with up to 10 years jail.

Meanwhile, the husband of the victim opposed the bail application through Advocate Hemant Ingale. Terming it as a serious offence, the advocate pointed out that the medical reports of the accused show he had consumed alcohol before the accident. Hence, he was charged with more stringent provisions of IPC section 304(2), he said, adding that it's not in the jurisdiction of the magistrate to grant bail to the accused.

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