Pune Porsche crash case: Bombay HC denies bail to father of minor accused and 7 others

“This way, the rights of both the parties would remain intact,” the court noted. The accused were arrested under various provisions of Indian Penal Code (IPC),  Prevention of Corruption Act and Motor Vehicle Act.

Special Public Prosecutor Shishir Hiray and advocate Shubham Joshi for Pune Police opposed the plea and argued that the accused persons played an important role in swapping the blood samples of the minor at Sassoon Hospital, after the accident.

The accused whose bail pleas were rejected include the father of minor, fathers of two other minors who were with the accused and Dr Ajay Taware, then head of forensic medicine at Sassoon Hospital, Dr Shrihari Halnor- then casualty medical officer, along with Ashpak Makandar and Amar Gaikwad, who allegedly acted as middlemen between the minor’s father and the doctors and another person arrested for giving own blood sample for replacement was also denied bail.

While the Supreme Court had granted bail to mother of the minor accused driving the car this year, the Bombay HC had ordered the minor’s release last year. It had directed him to be kept under his paternal aunt’s supervision, who shall  ensure compliance of directions issued by the Juvenile Justice Board (JJB) to rehabilitate the minor.

The HC observed that the applicants and their co-accused were “not only duty bound but also aware that they should support the police for proper investigation for collection of the evidence”.

“Yet, they all became ready to tamper with and cause disappearance of the evidence for money. While doing so, all the Applicants were aware as to what they were doing is illegal and the serious consequences of the said act,” the HC order records.

The court further said “it was evident that applicants (fathers of minors) are financially well placed” and witnesses, including private drivers, watchmen and domestic aid were working with them for considerable time prior to the accident. Moreover, hospital staff, who are witnesses were subordinates of Dr Halnor.

Therefore, the HC said, “there is every possibility of their (applicants) tampering with the prosecution evidence using their money power and superiority dominance”.

The court noted that the same would “ultimately thwart the course of justice which was exposed to danger soon after the accident” as “unusual delay” in medical examination of the child in conflict of law (CLL) and his two friends was evident in the case.

The court further noted that the trial court had denied bail recording of evidence of the most of the material witnesses and applicants are behind bars for the past 18 months. Therefore, the HC asked the trial court to frame the charges “as early as possible” and hear the material prosecution witnesses at the earlier. The HC said applicants can file renewed bail pleas before trial court after evidence of material prosecution witnesses is over.