Nagpur: The District and Sessions Court on Thursday issued notice to the accused, Ritika Maloo, in the Ram Jhula accident case. The notice, returnable on August 3, came after the State filed a petition under Section 439(2) of the Criminal Procedure Code (CrPC) for the cancellation of Maloo’s bail and her re-arrest.
The accident, which occurred on February 25 this year, claimed the lives of two scooter riders, Mohd Atif and Mohd Hussain Mustafa. Despite the severity of the incident, Maloo has remained free for 159 days and through more than 60 court hearings.
Maloo was initially granted bail by the Judicial Magistrate First Class (JMFC) under the bailable Section 304A of the Indian Penal Code (IPC) on the same day as the incident. However, on March 2, the Tehsil police added a more severe charge under Section 304 of the IPC after forensic tests confirmed the presence of alcohol in Maloo’s blood.
The Tehsil police repeatedly sought to cancel Maloo’s bail under Section 437(5) of the CrPC, but the JMFC rejected these pleas on procedural grounds. Additionally, the magistrate court issued a stricture against the investigating officer, urging police authorities to take action against him.
On July 1, Maloo was re-arrested when she visited the police station to meet the investigation team. This arrest was later deemed unlawful by the magistrate court. The prosecution then filed three revision pleas before the Sessions Court against the JMFC’s orders. The first plea was withdrawn, and the subsequent two were rejected due to procedural lapses by the prosecution.
The Sessions Court emphasized the procedural errors in the prosecution’s attempts to cancel Maloo’s bail and upheld the magistrate’s orders. Maloo’s anticipatory bail plea had been rejected by both the Sessions Court and the High Court, with the latter referencing Supreme Court guidelines in a similar case of Pradeep Ram.
Public prosecutor Rashmi Khaparde, assisted by advocate Amol Hunge, filed the latest plea on Tuesday. Khaparde highlighted the necessity of re-arresting Maloo to facilitate a thorough investigation. She argued that Maloo’s non-cooperation and arm-twisting tactics had hindered the investigation, making it crucial for the authorities to re-interrogate her on various issues that surfaced after her initial bail.
The issuance of notice to Ritika Maloo marks a significant step in the ongoing legal battle to seek justice for the victims of the Ram Jhula accident. The upcoming hearing on August 3 will be pivotal in determining the next steps in the case.
