A
local court in Pune on Thursday denied bail to six individuals, including the
parents of a minor involved in the Kalyani Nagar Porsche car crash, who are
accused of tampering with evidence.
The
court strongly criticized the accused for allegedly conspiring to swap blood
samples in an attempt to shield the minor driver from legal repercussions.
Additional
District Judge UM Mudholkar rejected the bail pleas of Vishal and Shivani, the
minor’s parents, who are accused of orchestrating the conspiracy; Dr. Shrihari
Halnor and Dr. Ajay Taware, doctors at Sassoon Hospital who allegedly
facilitated the illegal blood sample swap; and Ashpak Makandar and Amar
Gaikwad, who are accused of acting as middlemen.
Judge
Mudholkar stated that granting bail would send a "wrong message to
society" and could obstruct the course of justice.
The
court remarked, “Even before the blood of the victims/occupants of the
motorcycle could dry on the road, the evidence tampering began and was largely
completed, aided by monetary influence or other means in the middle of the
night.”
He
further commented that tampering appeared to be “in the genes/DNA of the modus
operandi” in this case.
The
case originates from a tragic incident on May 19, 2024, when the minor,
referred to as a child in conflict with the law (CCL), allegedly drove a
Porsche recklessly at high speed, resulting in the deaths of Anis Awadhiya and
Ashwini Koshta, who were on a motorcycle.
According
to the prosecution, within hours of the crash, Vishal and Shivani allegedly
paid ₹3 lakh to Dr. Shrihari Halnor, who was responsible for collecting the
minor's blood samples to determine if he was driving under the influence of
alcohol.
The
court order outlines that instead of taking the CCL's blood sample, Dr. Halnor
allegedly substituted it with a sample from Shivani, the minor’s mother, to
conceal the driver's intoxication.
The
court stated, “After thoroughly analysing the chargesheet, it is evident that
there is substance in the allegation that Vishal and Shivani conspired with Dr.
Halnor, Dr. Taware, Ashpak Makandar, and Amar Gaikwad to replace the CCL's
blood sample with Shivani's by offering a bribe to the doctors, with the
assistance of Ashpak and Amar.”
The
court also noted that evidence, including CCTV footage and call data records
(CDRs), showed the accused coordinating the alleged crime at Sassoon Hospital
during the night.
The
court observed, “In the late hours of the night, all the accused gathered at
Sassoon Hospital and played their respective roles in replacing the CCL's blood
sample with Shivani's,” adding that witness statements supported these claims.
The
court further underscored the seriousness of the alleged crime and the risk of
evidence tampering if the accused were granted bail.
“The
granting of bail at this stage would likely lead to tampering with witness
testimony, thus obstructing justice for the victims, their families, and
society at large,” the order stated.
The
judge also dismissed the defence’s argument that the accused had limited
opportunity to tamper with electronic or documentary evidence.
“While
it may be true that the possibility of tampering with documentary and
electronic evidence is negligible, the same cannot be said for the statements
of witnesses, whose oral evidence in court is crucial,” the court noted.
However,
the court rejected the prosecution’s comparison of the accused parents to
notorious fugitives like Vijay Mallya and Nirav Modi, calling such comparisons
“fanciful and deserving of rejection.”
Senior
Advocate Harshad Nimbalkar, along with Advocates Sudhir Shah, Rishikesh Ganu,
and Prasad Kulkarni, represented the bail applicants (accused).
Special
Public Prosecutor Shishir Hiray represented the State.
