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Mumbai court rejects corporate lawyer Janhvi Gadkar’s bail plea in Audi crash case

The police opposed Janhvi Gadkar's bail application saying that the case is triable by the sessions court and, hence the magistrate's court cannot grant her bail.

| Mumbai | Published: July 25, 2015 1:01 am
audi crash, mumbai audi crash, mumbai crash, mumbai audi crash news, janhavi gadkar, mumbai news, india news, nation news, Indian Express The police opposed Janhvi Gadkar’s bail application saying that the case is triable by the sessions court and, hence the magistrate’s court cannot grant her bail.

A Kurla magistrate court Friday rejected the bail appeal of 35-year-old lawyer, Janhavi Gadkar, who was arrested for allegedly killing two people by ramming into their vehicle in an inebriated state.

This was her second bail appeal which was rejected by the court on the grounds that merely spending more days in custody cannot be considered as a ground for change in circumstances and granting bail. On July 22, Gadkar’s lawyer, Mahesh Sabnis had argued that 44 days have lapsed since her arrest and material witness statements have been recorded and all the medical tests have been done.

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According to her lawyer, Ashwin Thool, her first bail application was rejected by a magistrate on grounds that merely 17 days had been passed since the incident and that the investigation was still under process. These grounds cease to exist while filling the second bail appeal, the lawyer said.

Gadkar was allegedly speeding at 120 kmph in her Audi Q3 and lightly scraped two cars before colliding with a taxi, killing the driver and a passenger. Gadkar survived mostly unhurt as the Audi’s airbags opened, leaving her with a few bruises.

The magistrate court also observed that section 304(II) (culpable homicide not amounting to murder) under the Indian Penal Code was a serious offence and is exclusively triable by the sessions court and hence, the appeal is rejected.

The prosecution had earlier argued that the report presented by the investigating officer shows that the investigation is still in process.

While arguing for Gadkar, her advocate said that there was no reason for her to “tamper” with the evidence and that the traffic authorities were maligning the law fraternity by putting up posters of lawyer’s collar illustrated as two cars in an accident, which reads, “no one is above the law, not even the law”.



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  1. A
    Jul 26, 2015 at 2:07 am
    An example should be made of this case. Let a fast track trial proceed, the time spent by her in custody can be setoff against her ultimate sentence. Getting behind the wheel of a powerful car in a state of advanced intoxication, driving at 120 kmph on the wrong side of the road is a wilful act. Someone is likely to get hurt or killed. Not quite an accident in the innocuous sense of the word.
    1. P
      Prakash Tendulkar
      Jul 25, 2015 at 12:03 pm
      The courts are stupid. Ms. Gadkar was arrested on the spot, her Blood Alcohol Count (BAC) was higher than permitted by law. She was involved in fatal accident. Agreed. All evidence to prove this case is in place. Now where did she drink, what did she drink, how much it cost are all immaterial. She should have been out on bail in less than a week. I suspect, she did not provide Chai-Pani to prosecutor so she is in jail. if her fate can be decided bu Sessions court, why is this case lingering in Kurla court?