Nooriya has fair chance of succeeding in appeal: HC bail order
Mumbai: NRI beautician Nooriya Haveliwala, convicted for rash and negligent driving by the trial court here, has "a fairly good chance" of succeeding in her appeal against the conviction, the Bombay High Court has said while granting her bail.
Nooriya's appeal, as well as the state's appeal seeking enhanced punishment, is pending before the HC.
Justice RP SondurBaldota of the High Court last week granted bail to Nooriya, who was sentenced to five years' imprisonment by the trial court last November.
"In my considered opinion, the applicant (Nooriya) has a fairly good chance of succeeding in the appeal, at least for substantial reduction of sentence. The submissions advanced by the applicant's counsel undoubtedly indicate good chances for the applicant to succeed in the appeal," Justice SondurBaldota said in her order.
On January 30, 2010, Nooriya, driving under the influence of alcohol and drugs, rammed her SUV into a police check post at Marine Lines in south Mumbai, killing a traffic policeman and a motorcyclist.
The 11-page bail order, which was signed today, further states that the applicant is a woman who has completely cooperated with the police during the investigation, and during the trial she took no false stand.
"There is no allegation of misuse of liberty by her during trial. The conduct of the applicant throughout has been such as to inspire confidence that she would not misuse the liberty on grant of bail," the order states.
Nooriya's lawyer advocate Aabad Ponda argued before the High Court that the incident was a case of "inevitable accident", and she had no intention to cause harm.