A division bench of Calcutta High Court has cancelled the anticipatory bail of a bus driver accused of running over a 22-year-old engineer on the Baghajatin flyover in November, Kolkata police said on Monday.
Senior officers said they would wait for Golak Ghosh, the driver, to surrender. If he doesn't, the police said they would pray for an arrest warrant from the high court.
“The order was issued on April 22. It was officially signed and uploaded on Monday. We will now keep a watch on the developments in the lower court to check whether he surrenders or not and then take our next step accordingly,” said Arijit Sinha, deputy commissioner of police, traffic.
On November 6, the day of Bhai Phonta, Subhajit Sur told his sister to wait for him and rode a scooter to a hospital to give his uncle insurance documents. He was killed on the Baghajatin flyover when a private bus on the Garia-Bagbazar route ran him over.
Survey Park police station drew up a case of rash and negligent driving not amounting to culpable homicide against the driver and also charged him with driving recklessly with the knowledge that it could cause a fatal accident.
Ghosh went into hiding and moved Alipore court seeking anticipatory bail. A sessions judge court allowed the prayer and ordered that the petitioner meet the investigating officer of the case once a week till further orders.
The police moved the high court, challenging the anticipatory bail order.
The division bench of Justice Debangsu Basak and Justice Bibhas Ranjan De passed an order cancelling the anticipatory bail granted by the lower court and directed the accused to surrender in the jurisdictional court immediately.
“In the case diary there is one statement of the injured stating that the private opposite party was driving the vehicle rash and negligently. The driver was repeatedly told not to do so. Despite such requests, the driver continued to drive the vehicle negligently,” the order stated. “The learned Judge erred… while granting anticipatory bail to the private opposite party.”