SC refuses bail to businessman's son in car crash case
The Supreme Court has junked a plea seeking bail to the son of Kolkata restaurant chain owner in the 2019 Jaguar car crash case that left two Bangladeshi nationals dead. A bench of Justices SK Kaul and Hemant Gupta also clarified that observations made in the impugned order passed by the Calcutta HC are for the purpose of bail and wouldn't affect the trial.
Pending application also stands disposed of: Bench
"We are not inclined to interfere with the impugned order(s). The Special Leave Petitions are dismissed. The pending application also stands disposed of," the bench said. The apex court was hearing an appeal filed by Akhtar Parwez on behalf of his accused son Raghib Parwez against the Calcutta High Court order that was denying bail to him.
Two Bangladeshi nationals had died in the crash
To recall, the speeding Jaguar had jumped a traffic signal and hit a Mercedes, before crashing into three persons standing under a police control booth in Kolkata. Two Bangladeshi nationals were later confirmed dead. Senior advocate Kapil Sibal, appearing for the accused, submitted that Raghib had cooperated with investigations and no purpose would be served by sending him to jail especially during COVID-19.
Relatives of petitioner had tried to mislead the probe agency
The investigation of the case commenced on the complaint of one Kazi Md. Shafi Rahamat Ullah. In the course of the investigation, the relatives of the petitioner tried to mislead the probe agency and produced one Arsalan Parwez, according to police.
Interim bail was initially granted on basis of medical report
The accused initially took shelter in his relative's house on the outskirt of Kolkata and from there he fled to Dubai. The high court initially granted interim bail to him for a period of two months on April 8, 2020, on the basis of a medical report issued by the Director of the Institute of Psychiatry.
Court had ordered a medical examination of the accused
The interim bail was later extended on different occasions and the probe agency was directed to take steps to ensure medical examination with regard to the psychological status and the capacity of the petitioner/accused to face trial, to be examined at the National Institute of Health and Neurosciences, Bangalore. The Institute opined that Raghib is suffering from a bipolar affective disorder in remission.
Interim bail wasn't extended on grounds of initial conduct: HC
The Calcutta High Court, while denying bail on April 13 had said, "The initial conduct of the accused reflects that after committing the ghastly incident he fled away to a foreign country." "After considering his initial conduct, we are of the opinion that the interim bail so granted to the accused should not be extended," the high court said.
Accused was directed to surrender before Chief Judge
"The accused as such is directed to surrender before the Chief Judge, City Sessions Court, Calcutta, on or before April 20, 2021," the high court had further said.