The Mumbai Sessions Court on Thursday has granted bail relief to an accused businessman Irfan Abdul Rahim Bilakiya. He was in custody since last October in connection with the pile-up accident at the Bandra-Worli sea link, killing five people and injuring 13. The mechanical report stated that the vehicle was not roadworthy.
Bilakiya’s bail application has been denied twice before. In the current plea, he sought relief on the basis of this inspection report as well as a break failure. He relied on CCTV footage that showed him applying brakes, which caused the red-light indicators on the back of his car to lit up. His lawyer told the Court that Bilakiya had suffered serious injuries in the accident.
The prosecution opposed bail, claiming that he was speeding and had travelled 2800 metres from the toll naka to the scene of the accident in only 92 seconds. It also stated that he failed to produce any evidence to demonstrate that the accident was caused by a break failure.
Dr. AA jogelekar, an additional sessions judge, considered that Bilakiya had not denied his presence on the spot and that his report in the chargesheet shows he was not intoxicated. The mechanical inspection report was then considered, which stated that the car’s mechanical condition is not roadworthy and stated that it ‘cannot test’ whether the brakes were working or not. When faced with two diametrically opposed versions, the court also relied on a Supreme Court decision regarding bail. According to the case law, the facts are similar.
The Court also considered the fact that the vehicle was registered in the name of Bilakiya’s brother. The prosecution claimed that there were 27 challans issued against the vehicle for traffic violations. The court took note of Bilakiya’s advocate’s contention that these traffic violations were not committed by him.
The Court stated, “Therefore, the accused did not commit the alleged violations of traffic laws. Aside from what has been shown against his brother for traffic rule violations, the prosecution has not shown any criminal antecedents to discredit the accused.”
The bail was also granted because the public prosecutor submitted to the Mumbai Sessions Court that the chargesheet in the case had already been filed and thus the accused could be granted bail, and the court agreed.
