Court rejects anticipatory bail plea of Keshubhai Patel’s son-in-law Dr. Mayur Desai

Ahmedabad, 3 December 2013

City based Mirzapur court has rejected former Chief Minister Keshubhai Patel’s son-in-law Dr. Mayur Desai’s plea for anticipatory bail in culpable homicide case not amounting to murder.

City police had earlier added a a more stringent non-bailable IPC section 304(2) based on the reports by forensic science laboratory(FSL) and the car maker, and filed application in court to cancel the bail of Dr. Mayur Desai.

The accident occurred on September 18 when Dr. Desai’s car mowed down a youth and his female friend who were on motorcycle near Ahmedabad’s Rajpath club. 23-year-old Hiran Thummar died in hospital week later. A youth who was driving the bike is brain dead and can’t move. Dr. Desai was arrested for causing serious injury by rash driving(IPC 304) earlier and was released on bail. The FSL report later confirmed that Desai’s SUV was speeding. Following the reports of the FSL and the car maker, 304(2) was added against Dr. Desai.

What is section 304(2)

Whoever commits culpable homicide not amounting to murder shall be punished with 1[imprisonment for life], or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death,

Or with imprisonment of either description for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death.

Why section 304(2)?

FSL reconstruction report goes against Dr. Desai.The road was narrow, with several cuts, but the car was over-speeding. According to Toyota company’s report Dr. Desai’s car was at 85 speed. While one victim was dead, another victim Rohit is brain dead even after 65 days of accident and his leg has been amputated.