Pune Porsche Case | #SupremeCourt hears bail plea of father of minor driver of the car involved in the 2024 accident that caused the death of two persons.
Bench: Justice BV Nagarathna and Justice Ujjal Bhuyan.
The petitioner is accused of hatching a conspiracy to swap blood samples so that the occupants of the car get a Nil Alcohol report.
State Counsel: parity with other accused will not apply to this petitioner. They got bail because they argued that their children were the accused in the case. The child who was driving is admittedly the petitioner's son. He got his wife to get 5 lakh rupees to give as a bribe.
State Counsel: the delay in trial is not attributable to us.
Senior Advocate Mukul Rohatgi: he was driving but I had provided a driver who was also in the car. Beyond that what more can I do?
Senior Advocate Gopal Sankarnarayanan for father of the girl who was killed in the accident: thousands of road accidents happen in this country everyday many involve intoxicated drivers and minors.
Sankarnarayanan: this case is not about the accident and death of my child. It is about subversion of justice. Immediately after the incident there are series of phone calls made by this man as a ring leader of a conspiracy.
Sankarnarayanan: the driver says "he coerced me to take the onus on myself." I am hoping it is different from just mere drunk driving incident if you are defrauding the Judiciary and thereby the victims.
J Nagarathna: So get them convicted.
Sankarnarayanan: there is a statement by the material witnesses that I have been used. This man does not have to file the petition himself to get the charges trade. He tells the father of the other persons and gets the benefit.
Rohatagi: any father will make a phone call at 3 o'clock in the morning to his friend if his son is in an accident
Sankarnarayanan: But what about the money? And then he absconded and he was arrested in Aurangabad. My daughter is lost she is lost but the question is can the Judiciary be okay with itself being defrauded
J Nagarathna: all this is reflection of the mind set of the Indian society. That everybody wants to get out and to get the better of the law. Now the question is, of this is a mindset of the Indian society whether a man has to lose his liberty until he is convicted?
Sankarnarayanan: a strong message needs to be sent to make them learn.
J Nagarathna: that is not at the cost of a man loosing is Liberty.
Sankarnarayanan: but they can't get away with thinking they can corrupt everyone. you can't corrupt every institution and think you will get bail.
J Nagarathna: what are our educational institutions doing. If this is what everybody thinks the citizenship values of the Constitution, how to face the law being straight forward is not taught to our children.
Sankarnarayanan: this is a case where that message can be sent.
J Nagarathna: what have we done for 75 years of constitutional. Values of the Constitution such a self rule, independence, freedom to live, constructive citizenship....
Sankarnarayanan: who else will lead the way apart from this institution?
J Nagarathna: it can't be that in every case we start denying bail.
Sankarnarayanan: this is not every case this is a unique case.
J Nagarathna: these are all symptoms of the problems which are there in the society. But when they come to the supreme court we can't say trial court has denied High Court has denied we will also deny .
Sankarnarayanan: in cases involving WhatsApp messages your lordships have denied bail. This is so much more serious, 50 times more serious than that. They say give us 50 cameras which are not even required and then they go to the high court to get the stay.
Sankarnarayanan: the values your ladyship mentioned can be instilled only if strong message is granted that just because you have deep pockets you will not get your bail.
State Counsel: the delay in trial is attributable solely to these petitioners.
Sankarnarayanan: at least expedite the trial. I have no other avenue.
Order: we have considered the arguments in light of the material on record as well as the fact that in similar cases this court has already granted the relief. We also note that the appellant herein has been in jail for the last 22 months. The plant has made out a case for bail. BEL granted subject to terms and conditions to be imposed by the trial court.
Order: the petitioner shall not make any attempt to contact the witnesses either directly or indirectly. any violation of the conditions shall entitle the state to seek cancellation of the bail. We also direct the concern trial court to conclude the trial at the earliest.
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