The High Court on Wednesday granted relief to Ganesh (42), son of Congress leader and Rajya Sabha member Chandrakant Handore, who was arrested earlier this month for reckless driving. Also, he was ordered to be released on interim bail.
Ganesh, who is currently in judicial custody, has challenged the arrest by approaching the High Court. Also, the police and judicial custody awarded to him should be annulled by declaring his arrest illegal. Similarly, it was demanded that he be immediately released on interim bail.
A bench of Justice Revathi Dere and Justice Prithviraj Chavan ordered the release of Ganesh on interim bail after hearing the facts of the case. At the same time, while ordering the investigation of the case to continue, questions were raised regarding the filing of a case of culpable homicide under Section 110 of the Indian Penal Code. This is clearly a case of reckless driving. However, the petitioner was not driving under the influence of alcohol. Yet, a case of culpable homicide was registered in this case.
Earlier, when Ganesh was booked, he was only charged with bailable charges. However, it was brought to the notice of the court on behalf of Ganesh that he was later charged with a non-bailable charge of culpable homicide under Section 110 of the Indian Penal Code. Apart from this, the court was also requested to hear Ganesh's petition urgently as he is suffering from some serious illness. Ganesh was initially booked under the bailable section and the police had to summon him for questioning before arresting him. However, the police did not even issue this notice to him, his lawyer told the court.
Meanwhile, the sessions court had refused to grant bail to Ganesh last week. Considering the evidence, Ganesh ran away after hitting the bike. While denying bail to Ganesh, the session court had mentioned that he took the injured person for some distance with the vehicle. Being a diabetic, he was visually impaired. The Sessions Court also rejected Ganesh's claim that the accident happened because of it. The accused and the injured live in the same locality. Moreover, statements of eyewitnesses are yet to be recorded. The sessions court had rejected Ganesh's bail stating that it would not be appropriate to grant bail to the accused at such a stage. Ganesh had approached the High Court against the decision of the Sessions Court. Ganesh hit a two-wheeler in the early hours of October 5 near Acharya College in Chembur. In it, the bike rider got injured.