Porsche Accident| Bombay HC Denies Anticipatory Bail To Co-Passenger’s Father In Alleged Blood Sample Tampering Case
The Bombay High Court denied anticipatory bail to father of minor son who was a passenger in the tragic accident involving a Porsche that struck two motorcycle riders in Pune resulting in their deaths.
The incident occurred on May 19, 2024, when a Porsche, allegedly driven by another minor, collided with a motorcycle, resulting in the fatalities. Following this incident, applicant and others are accused of swapping blood samples to obscure any evidence of alcohol consumption, thus misleading investigators.
A Bench of Justice Manish Pitale remarked that there is prima facie evidence indicating that he bribed medical staff at Sassoon Hospital to replace his son’s blood sample with that of a co-accused individual.
The Court said, “A perusal of the material that has come on record during the course of investigation prima facie indicates that the blood sample of the minor son of the applicant was replaced with the blood sample of co-accused Ashish Mittal. This was at the behest of the applicant himself, in order to create a document that would ensure that the minor son of the applicant goes scot free.”
Senior Advocate Aabad Ponda appeared for the Applicant and Special Public Prosecutor Shishir Hiray appeared for the Respondent.
In his defense, he argued that the charges were unfounded, asserting that the provisions of Section 464 of the Indian Penal Code (IPC)—which penalizes the creation of false documents through deception—did not apply, as the doctors involved were aware of the changes made to the samples. However, the prosecution contended that his actions were integral to a conspiracy aimed at shielding his son from legal repercussions.
The Court pointed out, “The applicant, being the father of the said minor son, was part of the conspiracy under Section 120-B of the IPC to bring about such deception by affixing of label to show the blood sample to be that of the minor son while it was the blood sample of co-accused Ashish Mittal. It is the said label affixed on the blood sample that was the basis of deception, read with the documents created in conspiracy with co-accused Dr. Halnor. Hence, the contention raised on behalf of the applicant that blood sample is not a 'document' pales into insignificance,”
The Court concluded that the elements of the alleged offenses were prima facie established. The Court also expressed concern that his evasion could obstruct the investigation.
The Court remarked, “There is substance in the contention raised by the Special Public Prosecutor that the applicant remaining absconding has created an impediment for the investigating authority to fully and effectively investigate into the matter, including the angle of conspiracy and the constituents thereof,"
Consequently, the Court dismissed the bail application, noting, "The said offence under Section 467 of the IPC prescribes punishment with imprisonment for life and therefore, the application deserves to be dismissed,”
Cause Title: Arunkumar Devnath Singh v. State of Maharashtra, [2024:BHC-AS:42240]
Appearance:
Applicant: Senior Advocate Aabad Ponda, Advocates Abid Mulani, Ashish Agarkar, Harshada Panphani, and Chinmay Patil.
Respondent: Special Public Prosecutor Shishir Hiray, along with Advocate Sanjay Kokane and Additional Public Prosecutor Sagar Agarkar.
