Mumbai: The Bombay High Court has granted bail to a driver accused of causing a fatal accident on the Bandra-Worli Sea Link in 2023, observing that there was no malafide intention or premeditation on his part. The court also noted that the driver Mohammed Sarfraz Mohammed Yusuf Shaikh, 42, also suffered serious injuries and suffers from mental health issues.
Justice Milind Jadhav, on January 28, granted bail to Shaikh on a personal bond of Rs20,000 while directing him to surrender his driving license for five years.
Shaikh, a professional driver for 15 years, had no prior accident record. In his plea, he claimed he lost control of the vehicle due to a sudden spell of dizziness. The accident occurred on November 9, 2023, when the Innova car he was driving rammed into multiple vehicles at the toll booth on the sea link. The crash resulted in the death of four passengers and injuries to six others.
Following the accident, Shaikh was arrested under charges of culpable homicide not amounting to murder, rash and negligent driving, of Indian Penal Code and Motor Vehicles Act.
The prosecution opposed the bail plea, arguing that Shaikh’s negligence led to the deaths of four people and that, if released, he could repeat such an offense. However, the court noted that Shaikh was neither under the influence of alcohol nor acting with malicious intent at the time of the crash.
“The accident is undoubtedly serious, resulting in the loss of four lives and injuries to others. However, there is no material to suggest that the applicant was intoxicated or that he acted with any ill intent,” Justice Jadhav observed. The judge further noted that Shaikh had sustained severe injuries, including head trauma and fractures, and was hospitalized for seven days before his arrest.
Medical reports from Sir JJ Group of Hospitals revealed that Shaikh was suffering from severe visual hallucinations, aggressive behavior, and sleep disturbances. He had repeatedly been referred for psychiatric evaluation while in jail.
Witness statements indicated that Shaikh lost control of the vehicle near the toll booth and attempted to change lanes to avoid crashing into stationary cars. The court observed that while his actions resulted in a tragic accident, they appeared to be an instinctive reaction to a sudden loss of concentration rather than reckless or intentional conduct.
Considering his medical condition and lack of malafide intent, the court decided to grant bail while imposing restrictions. “The applicant is suffering from severe visual hallucinations and undergoing treatment. These factors persuade me to consider his case for bail,” the judge stated.
