HC defers till July 1 bail petitions of Gustad, two aides : Happenings News : ApunKaChoice.Com


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HC defers till July 1 bail petitions of Gustad, two aides
30th June 2004 10.24 IST
By ApunKaChoice Bureau

The Bombay High Court Tuesday deferred till July 1 the bail petitions of film director Kaizad Gustad and his two assistants, arrested in connection with the accidental death of young director Nadia Khan on charges of culpable homicide not amounting to murder.

The matter was adjourned by Justice Dilip Bhosale, as the petitioners had not enclosed the copy of a sessions court order which rejected the bail plea of the accused.

Earlier, their bail plea had been rejected twice by a railway magistrate and once by a sessions court. The accused are in judicial custody till July 1.

Urging for bail, Gustad and his colleagues Ashish Udeshi and Hadley D'Mello pleaded that they had been wrongly booked for the charge of culpable homicide not amounting to murder in the case of Nadia who was knocked down by a train at Mahalaxmi railway station during the shooting of film "Mumbai Central".

The accused urged that they be granted bail as their statements had been recorded. Merely because police had to record the statements of witnesses they were not required in custody, the bail petition argued.

They pleaded that 304 part two IPC (culpable homicide not amounting to murder) was not applicable to them. They argued that police had booked them for the offence of causing death by negligence (section 304 A IPC) but the court had rejected this charge and instead applied the charge of culpable homicide not amounting to murder.

During a film shooting on railway tracks at Mahalaxmi station, Nadia was hit by a train and declared dead at a hospital on May 25. However, Gustad's team filed a police complaint saying she was killed in a road mishap.


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