Mumbai: The driver of the BEST bus, involved in an accident here last month that claimed seven lives, was driving in a rash and negligent manner and it is hard to believe there was any fault in the vehicle, a sessions court has said while refusing him bail.
Additional Sessions Judge V M Pathade rejected the bail application of the accused driver, Sanjay More (54), on January 10. The court refused to accept More's contention that the accident was due to a technical/ mechanical fault with the bus, as per the detailed order, made available on Tuesday.
Though More has claimed that the accident occurred due to poor maintenance of the bus or brake failure or a mechanical or technical defect, there is no material to prima facie support this contention, the court said. A report issued by the RTO (Regional Transport Office) prima facie suggests there was no mechanical fault in the bus, it added.
"In this view of the matter, it is hard to believe that there was any mechanical/technical fault or brake failure in the bus which resulted in the very unfortunate mishap," the court said. More endangered the lives of not just passengers in the bus but also those who were on the crowded road, the court observed.
"It is prima facie seen that the applicant accused was driving the bus in a very rash and negligent manner irrespective of the fact that the road was being used by several others and there were several passengers in the bus too," the order said.
"Considering the gravity and seriousness of the crime and the punishment provided for the offences under which the accused is booked, I do not find it a fit case to enlarge the accused on bail," the judge said.
On December 9, the electric bus, operated by the civic-run Brihanmumbai Electric Supply and Transport (BEST) undertaking, dashed into pedestrians and vehicles on a congested road near Kurla railway station. The accident claimed seven lives and left more than 40 other persons injured.
More was arrested the same night and booked under relevant provisions of the Bharatiya Nyaya Sanhita and the Motor Vehicles Act. While seeking bail, More claimed he was a professional driver and that the accident was a result of a sudden and unforeseen mechanical or technical fault in the bus. The prosecution relied on the RTO's report, which clearly said there was no fault in the bus.
