Nagpur: In a significant development, the prosecution has filed a fresh application before the Sessions Court on Tuesday, seeking the cancellation of bail and 10-day custody of Ritika Maloo, a report in a local English daily said.
Maloo is accused in the Ram Jhula flyover accident case, where two scooter-borne youngsters, Mohd Atif and Mohd Hussain Mustafa, were allegedly mowed down by her while she was driving under the influence of alcohol on February 25.
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Tuesday 28 Jan. 2025
Previous judicial decisions
This new application follows the dismissal of twin revision pleas against the Judicial Magistrate First Class (JMFC) order last week. The prosecution had previously sought to cancel Maloo’s bail and take her into custody under Section 437(5) CrPC, but these pleas were repeatedly rejected by the JMFC. Now, the prosecution is approaching the Sessions Court under Section 439(2) of CrPC, which empowers the court to re-arrest the accused and cancel her earlier bail granted by the lower court.
Maloo was initially arrested under the bailable Section 304(A) IPC on February 25 and was granted bail on the same day. Following a positive test for alcohol in her blood sample, she was subsequently booked under the non-bailable Section 304 of IPC. On July 1, Maloo was re-arrested by Tehsil police after she voluntarily surrendered. However, her arrest was deemed ‘illegal’ by the magistrate the following day. Another application for her arrest was pressed before the same court a few days later, but it was also turned down. The prosecution faced a setback when the Sessions Court dismissed two revisions against the magistrate’s order.
Public Prosecutor Rashmi Khaparde had earlier argued that the prosecution had persistently sought the custody of the accused, who remains free despite being charged with non-bailable and cognizable sections. The court dismissed both revisions, citing procedural lapses. The prosecution also highlighted the High Court’s rejection of Maloo’s anticipatory bail.
New grounds for application
In their fresh application, the prosecution emphasized that the Sessions Court has the authority to allow the application, referencing Supreme Court guidelines in the Pradeep Ram case. They stated that the case has been delayed due to the non-cooperation of the accused, who has misused her liberty. The Sessions Court will now hear this application for the first time.
The prosecution’s renewed efforts to secure the custody of Ritika Maloo underscore the serious nature of the charges against her and the alleged procedural lapses that have hindered the case’s progress. The Sessions Court’s forthcoming decision will be pivotal in determining the course of this case.
