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Bombay High Court denies bail to labor contractor in controversial Porsche accident case | News from Pune

Bombay High Court denies bail to labor contractor in controversial Porsche accident case | News from Pune

The court dismisses the demand for anticipatory bail of the wanted labor contractor

FLAME: PORSCHE BOX
Pune: The high of Mumbai court on Wednesday he fired the demand for advance bail of a labor contractor – father of one of the two minors who accompanied the 17-year-old driver of the Porsche Taycan car in the May 19 accident – wanted for conspiracy and tampering with his son’s breathalyzer test minor
Chief Justice Manish Pitale held that there was a strong prima facie case against the applicant (bond) of forging a valuable security to obtain a favorable breathalyzer certificate based on deception and creation of documents in conspiracy with co-accused Dr. Shrihari) Halnor.
Two software engineers were killed when the Porsche car driven by the son of a prominent city builder hit their bicycle from behind in Kalyaninagar. The case of the teenage driver is pending before the Pune Juvenile Justice Board. The police have so far arrested the parents of the teenager, two doctors and a mortuary official (all three suspended) of the Sassoon General Hospital, two intermediaries, the father of the other minor accompanying him and the friend of labor contractor for crimes of conspiracy and blood tampering. breathalyzer tests. They are lodged in Yerawada Central Jail.
It is the case of the police that as part of a conspiracy, the blood sample of the teenage driver was replaced by that of his mother and the blood samples of the minors who accompanied him by those of the arrested father of ‘one of them and the friend of the labor contractor.
The labor contractor moved the high court after a Pune sessions court rejected his anticipatory bail plea on September 9.
Judge Pitale observed: “….the deception here was practiced by labeling the subject blood sample as that of the applicant’s minor son, when in fact it was the co-accused’s blood sample. … The applicant, being the father of the said minor child, was party to the conspiracy under Section 120-B IPC to cause this deception by affixing a label to show that the blood sample was that of the minor son, while it was the blood sample of co-accused…”.
The bench said, “It is the said label placed on the blood sample which was the basis of the deception, read with the documents created in conspiracy with co-accused Dr (Shrihari) Halnor. Therefore , the argument raised on behalf of the applicant that the blood sample is not a ‘document’ is insignificant.”
The bench said: “It is because of this deception practiced on the Assistant Chemical Analyzer that he was not aware of the nature of the alteration, therefore the said Certificate of Examination was signed and sealed alcoholemia (to the effect that there was no trace of alcohol) and executed.”
The court stated: “Viewed from this point of view, the contention raised on behalf of the respondent state that the applicant was substantially part of the conspiracy to commit the offense under s. 464 (making a false document) of the IPC, is a strong prima facie case against the applicant for an offense under Section 467 (forgery of valuable security) of the IPC, read with Section 464 of this document IPC as it undoubtedly created a right in the accused minor son of the applicant to portray innocence,” the bench stated.
Assistant Commissioner of Police (Crime) Ganesh Ingale, who is investigating the case, said, “Our teams are working to trace the whereabouts of the wanted accused and we hope to arrest him soon.”
Advocate Abid Mulani, who represented the labor contractor, told TOI, “Our client will file a special leave petition in the Supreme Court against the dismissal of the anticipatory bail case.”
Pune: The Bombay high court on Wednesday dismissed the anticipatory bail plea of ​​a labor contractor, the father of one of the two minors accompanying the 17-year-old driver of the Porsche Taycan car in the May 19 accident , wanted for conspiracy and tampering. of the breathalyzer test of his minor son.
Chief Justice Manish Pitale held that there was a strong prima facie case against the applicant (bond) of forging a valuable security to obtain a favorable breathalyzer certificate based on deception and creation of documents in conspiracy with co-accused Dr. Shrihari) Halnor.
Two software engineers were killed when the Porsche car driven by the son of a prominent city builder hit their bicycle from behind in Kalyaninagar. The case of the teenage driver is pending before the Pune Juvenile Justice Board. The police have so far arrested the parents of the teenager, two doctors and a mortuary staff (all three suspended) of the Sassoon General Hospital, two middlemen, the father of the other minor accompanying him and the friend of the labor contractor charged with conspiracy and blood manipulation. breathalyzer tests. They are lodged in Yerawada Central Jail.
It is the case of the police that as part of a conspiracy, the blood sample of the teenage driver was replaced by that of his mother and the blood samples of the minors who accompanied him by those of the arrested father of ‘one of them and the friend of the labor contractor.
The labor contractor moved the high court after a Pune sessions court rejected his anticipatory bail plea on September 9.
Judge Pitale observed: “….the deception here was practiced by labeling the subject blood sample as that of the applicant’s minor son, when in fact it was the co-accused’s blood sample. … The applicant, being the father of the said minor child, was party to the conspiracy under Section 120-B IPC to cause this deception by affixing a label to show that the blood sample was that of the minor son, while it was the blood sample of co-accused…”.
The bench said, “It is the said label placed on the blood sample which was the basis of the deception, read with the documents created in conspiracy with co-accused Dr (Shrihari) Halnor. Therefore , the argument raised on behalf of the applicant that the blood sample is not a ‘document’ is insignificant.”
The bench said: “It is because of this deception practiced on the Assistant Chemical Analyzer that he was not aware of the nature of the alteration, therefore the said Certificate of Examination was signed and sealed alcoholemia (to the effect that there was no trace of alcohol) and executed.”
The court stated: “Viewed from this point of view, the contention raised on behalf of the respondent state that the applicant was substantially part of the conspiracy to commit the offense under s. 464 (making a false document) of the IPC, is a strong prima facie case against the applicant for an offense under Section 467 (forgery of valuable security) of the IPC, read with Section 464 of this document IPC as it undoubtedly created a right in the accused minor son of the applicant to portray innocence,” the bench stated.
Assistant Commissioner of Police (Crime) Ganesh Ingale, who is investigating the case, said, “Our teams are working to trace the whereabouts of the wanted accused and we hope to arrest him soon.”
Advocate Abid Mulani, who represented the labor contractor, told TOI, “Our client will file a special leave petition in the Supreme Court against the dismissal of the anticipatory bail case.”