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2024 Pune Porsche crash: Supreme Court grants bail to father of minor accused
The Supreme Court granted him bail on the condition that he would cooperate with the trial and not influence the witnesses or tamper with evidence
The Supreme Court on Tuesday granted bail to the father of the minor accused in the 2024 Pune Porsche crash case, which killed two people, observing that the allegation that he sought to swap his son’s blood sample to save him reflects the mindset of society, but it cannot be a ground to curtail his liberty.
A bench of justices BV Nagarathna and Ujjal Bhuyan noted that Vishal Agarwal has been in custody for 22 months. It granted him bail on the condition that he would cooperate with the trial and not influence the witnesses or tamper with evidence.
“In similar cases, this court has granted similar relief,” the bench said, referring to its orders granting bail to two other co-accused named in the conspiracy to influence the probe by getting the blood samples of the main accused and his two friends swapped in exchange for money.
Agarwal’s lawyers, senior advocates Mukul Rohatgi and Siddharth Dave, pointed out that the other accused have been granted bail and there cannot be punishment before conviction.
The court granted the bail, subject to the terms and conditions of the trial court. “The petitioner shall not make any attempt to contact the witnesses either directly or indirectly and will cooperate with the trial,” the court said. It directed the trial to be concluded at the earliest and allowed the Maharashtra government to seek cancellation of bail if the accused violates any bail conditions.
The state and the victim’s family opposed the bail. Senior advocate Gopal Sankaranarayanan, appearing for the family, told the court that Agarwal used corrupt means to influence the investigation. Additional advocate general Siddharth Dharmadhikari, who represented Maharashtra, said Agarwal paid money to get the blood samples swapped.
The bench observed that this reflects the mindset of the Indian society. “Everybody wants to get the better of the law. But the question is, due to this mindset in society, can a man be made to lose his liberty until he is convicted?”
Agarwal was arrested on June 1, 2024, after his 17-year-old son allegedly rammed his car under the alleged influence of alcohol while returning from a late-night party, killing two bike riders.
Rohatgi said that there was a driver, and it sometimes happens that the children take the wheel. He claimed that Agarwal was neither aware nor notified that his son had convinced the driver to take his seat.
The Bombay high court denied Agarwal and the other accused bail, calling the apprehension of the prosecution that they would influence the witnesses and tamper with evidence well-founded. It noted that the examination of the material prosecution showed witnesses are vulnerable to “pressurising or any other influencing tactics” leading to their turning non-supportive or hostile to the prosecution case.
