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Gustad in police custody till June 14

Last updated on: June 10, 2004 18:16 IST

A railway court in Mumbai on Thursday extended till June 14 the police custody of filmmaker Kaizad Gustad and his colleagues Ashish Udeshi and Hadley D'mello, arrested in connection with assistant director Nadia Khan's death.

The magistrate, A Rahule, ruled that he would hear their bail petitions on June 14.

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While shooting a film on tracks near the Mahalaxmi railway station, Nadia was hit by a speeding train and declared dead on arrival at a hospital on May 25.

The prosecution sought further police custody of Gustad and his two colleagues on the ground that the investigation was incomplete and that they had to record the statements of witnesses, including railway staff, employees, the film producer and a cameraman. The court was also told that the police had to recover the film shot on the tracks.

Gustad's lawyers, Satish Maneshinde and Sayaji Nangre, argued that there was no need to keep the accused in custody as their statements had already been recorded.

The defence lawyers argued that section 304 (2) of the Indian Penal Code (culpable homicide not amounting to murder) was not applicable to the accused. They said the police had booked them for causing death by negligence [section 304 (A)], but the court had rejected this charge and instead applied section 204 (2).

According to the police, following the incident, Udeshi filed a police complaint saying Nadia was killed in a road mishap.

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