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Bombay High Court Orders Release of Minor in Pune Porsche Accident Case

Bombay High Court overturns remand order, releases minor involved in Pune Porsche accident to his aunt's custody 

26-06-2024
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The Bombay High Court on Tuesday ordered the release of a minor involved in the Pune Porsche accident case, declaring his remand illegal. With his parents and grandfather currently imprisoned, the court placed the 17-year-old under the care of his paternal aunt. Later that day, the minor was released from the observation home.

Justices Bharti Dangre and Manjusha Deshpande, presiding over the case, emphasized that despite the unfortunate nature of the accident, the minor could not be detained in an observation home.

The accident occurred in May when a Porsche, allegedly driven by the teenager, collided with a motorcycle, injuring two software engineers. Initially, the Juvenile Justice Board (JJB) granted him bail on the same day and placed him under the supervision of his parents and grandfather, with the condition that he write a 300-word essay on road safety.

However, public outcry led the police to file a new application with the JJB, seeking to amend the bail order. Consequently, on May 22, the board ordered the minor to be taken into custody and remanded to an observation home.

The High Court, in its ruling, stated, "We allow the petition and order his release. The CCL (Child in Conflict with Law/minor) shall be in the care and custody of the petitioner (paternal aunt)." The court found the JJB's remand order to be illegal and beyond its jurisdiction.

The court's decision came in response to the minor's aunt's plea, challenging the legality of the remand order and seeking his release. Advocates Aabad Ponda and Prashant Patil, representing the aunt, argued that the Pune police had no grounds to file a new application for custody without challenging the original valid bail order.

On June 22, the Bombay High Court acknowledged the minor's traumatic state and advised granting him some time.

The minor's parents and grandfather were arrested on various charges related to the accident, including destroying evidence and coercing the family driver to falsely claim he was driving the car. The minor's father, Vishal Agarwal, was granted bail by the Pune Sessions Court on June 22 for allowing an unlicensed minor to operate an unregistered vehicle. However, he remains in jail due to other ongoing legal cases related to the incident.

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