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Bombay HC: Lower Court’s Order on Hotel Owner’s Son Case Sustained

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Bombay High Court murder Abbot case Bail Motor vehicle Act

Chaini Parwani –

Published On: November 16, 2021 at 17:08 IST

The Bombay High Court on Monday upheld a Magistrate’s Court Order directing Rohan Abbott, 32, to surrender in 10 days before it, as Police summoned a severe offense of Culpable Homicide not amounting to Murder after his release on Bail in a case where two sons of a Police Officer were Killed in a crash in Vashi on February 7.

The Accused, allegedly driving at high speed, crashed into a motorbike near a hotel on Palm Beach road, dragging the motorist and flinging the pillion rider. He fled the spot, surrendering himself later the next day when he was granted Bail.

Justice Sandeep Shinde stated that the Magistrate’s Order of March 26 need no intervention.

Further, the High Court extended a Stay on it for three more weeks since April 5, to produce Abbot to appear before the Supreme Court.

Aniesh Jadhav and Veerdhawal Deshmukh representing Abbot stated that First Information Report (FIR) was for a Bailable offense of Death due to rash driving under section 304 (A) of the Indian Penal Code (IPC) and other offenses and also under Motor Vehicles Act

It was further highlighted that Abbott was released on Bail on February 8, on a Bail Bond of Rs 15,000.

The Magistrate’s Court also denied a Police Custody Petition but informed Abbot to surrender before it and submit an Affidavit for Bail for the newly added offenses. 

Furthermore, Abbott approached the High Court, arguing that the Magistrate had no jurisdiction to adjudicate the Police Petition once he was out on Bail.

The Plea was disagreed by Prosecutor Sharmila Deshmukh and counsel Abha Singh for the brother of Victims Akshay Gamare (29) and Sanket (24).

Further, Singh cited a Supreme Court ruling to challenge that the Magistrate was authorized to Order his surrender and apply for Bail after a new Non-Bailable offense is added to a case, without rejecting the earlier Bail. 

The High Court allowed the submission and stated “Petition is dismissed and disposed of”.

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