The Bombay High Court today admitted an appeal filed by Nooriya Haveliwala challenging the five-year rigorous imprisonment sentence awarded to her for killing two persons under the influence of alcohol nearly three years ago.
Justice A M Thipsay admitted the appeal and posted her bail application for hearing on December 3.
Nooriya, a 30-year-old NRI beautician, was convicted of culpable homicide not amounting to murder and sentenced by a special narcotics court on November 1. She was, however, acquitted of consuming drugs.
In her bail plea filed through advocate Aabad Ponda, her case has been compared to the BMW hit-and-run case of Delhi's Sanjeev Nanda, accused of killing six people while driving in an inebriated state in January 1999.
According to the bail plea, Nooriya's case is on a better footing as Nanda fled from the spot while Nooriya did not. It said that earlier this year, SC reduced Nanda's sentence from five years to two years of community service, failing which he will undergo a year's simple imprisonment.
Ponda today told the court that Nooriya has already deposited the fine amount of Rs 5.23 lakh imposed upon her by the lower court.
According to the appeal, prosecution has failed to establish the case against her beyond doubt by failing to examine crucial witnesses.
It said the taxi driver whose vehicle Nooriya is supposed to have first hit was not examined, and that she rammed into the taxi as the cabbie wanted to take a U – turn and suddenly came in her path.
According to prosecution, in the wee hours of January 30, 2010, India-born US national Nooriya rammed her SUV into a police nakabandi at Marine Drive in south Mumbai.
The accident led to the death of a biker Afzal Akbar and traffic policeman Dinanath Shinde.