The court held that Qureshi was aware that the vehicle was “unfit to be driven” and could meet with a mishap.

Qureshi had moved the court for bail saying that his act falls under “rash and negligent act causing death” under section 304 A of Indian Penal Code as opposed to “culpable homicide not amounting to murder” under section 304 ii. Section 304 A is a bailable offence. “My client was not aware that the vehicle would catch fire. It is an unfortunate accident,” said Qureshi’s lawyer, B L Jagtap.

Five children from Millat School run by Jogeshwari Education trust died and eight were injured after Qureshi’s van caught fire on January 28.

Chief Public Prosecutor, R V Kini took into consideration the statements of two mechanics who had informed the police that the vehicle was not fit to be driven and was “hazardous”.

Qureshi had attached a bottle full of petrol to the carburettor through pipes to operate the vehicle as the LPG cylinder was empty. On the day of the incident, a mechanic had warned him that this would cause a serious accident and that it would be hazardous to life. Instead of making alternate arrangements, he chose to take the children in the same van.”