Bombay HC on Pune Porsche crash: Accused teen also in trauma, give him time

Following a nationwide outcry over the rapid bail, the police petitioned the JJB to alter the bail ruling.

The Bombay High Court on Friday said that the accused in the Pune Porsche crash case was also in trauma, and he should be given some time.

"Two people have lost their lives. There was trauma but the child (juvenile) was also in trauma," the court said.

A division bench of Justices Bharati Dangre and Manjusha Deshpande stated unequivocally that the accident was tragic. The judges also asked the police under what legal provisions the order granting bail to the youngster accused in the Porsche accident case was altered, as well as how he was kept in custody.

While hearing the arguments in the plea on Friday, the bench noted that the police had yet to file an appeal before a higher court seeking the annulment of the JJB's bail order.

Instead, an application was made to alter the bail order, according to the HC, and the youngster was brought into prison and remanded to an observation home.

The court said, "What type of remand is this? What is the power to remand? What kind of procedure is this where a person has been granted bail and then a remand is passed taking him in custody," the court said.

The bench further stated that the kid was removed from his family members' care and supervision and placed in an observation house. "He is a person who has been granted bail, but now he has been confined to an observation home. Is this not confinement? We would like to know your source of power," HC said.

The judge questioned why the police did not apply to cancel the bail. The bench also expected the Juvenile Justice Board to take responsibility. The court reserved its decision on the plea, saying it would be made on Tuesday (June 25).

"A free citizen’s personal liberty has been trampled upon. Can a child be taken in custody when he has been granted bail and the bail order is in force," Senior counsel Aabad Ponda said. He went on to say that there was no legal provision for seeking and granting such a review of a bail order.

According to the senior counsel, such actions are not even permitted in major offences under the tough Maharashtra Control of Organised Crime Act and Terrorist and Disruptive Activities (Prevention) Act. "How can the police do this in a juvenile's case?" he questioned.

In the early hours of May 19, the juvenile was allegedly driving a Porsche at high speeds while intoxicated when it collided with a bike, killing two software engineers, Aneesh Awadhiya and Ashwini Koshta, in Pune's Kalyani Nagar. The Juvenile Justice Board (JJB) granted the 17-year-old bail on the same day, ordering him to be cared for and supervised by his parents and grandfather. He was also requested to produce a 300-word essay about road safety.

Following a nationwide outcry over the rapid bail, the police petitioned the JJB to alter the bail ruling. On May 22, the board ruled that the youngster be taken into custody and placed in an observation home. Last Thursday, the teenager's paternal aunt filed a habeas corpus (produce person) petition, alleging that he was wrongfully detained and requesting his immediate release.