Pune Porsche horror: Minor's bail terms make it Jolly LLB in real life?

A 17-year-old boy, who’s the son of a Pune-based real estate developer, was arrested after he rammed his car into two bike riders on Sunday morning, who died on the spot. He was arrested by the Pune Police, after a video of the accident surfaced on social media, only to be released within 15 hours!

The accused minor got bail on the condition that he has to submit a 300-word essay on road accidents and their solutions, and was directed to visit the Regional Transport Office (RTO) to study the traffic rules and regulations, assist RTO officers for 15 days, and work with the traffic police in Yerawada, Pune (Maharashtra). The leniency of the judiciary has led to an uproar among public. Many social media users are comparing this incident to the script of Arshad Warsi and Boman Irani-starrer Jolly LLB (2013) that was based on a similar case.

Can anyone commit a murder and be out on bail with such minor punishment? Mayanka Dhawan, a Delhi-based advocate, says, “While the old axiom ‘bail not jail’ is supposedly entrenched in our jurisprudence, there is great disparity in its application and the present case offers a glaring example. This case brings to light the need for the Indian Juvenile Justice System to undergo an overhaul.”

"The accused in this case is being tried under the Juvenile Justice (Care and Protection of Children) Act 2015, which defines that the offence committed by a child would fall in serious, heinous or petty offence categories. The court has deemed it a serious crime, not a strong ground to treat a child in conflict with law as an adult." Abhay Singhal, Criminal lawyer

Some legal experts feel that there are loopholes in this justice process, as the minor was four months shy of his 18th birthday, he was drunk driving, and he didn’t even have a license. “Given that he’s a minor and the law recognises it, this fact has worked in his favour. But, the conditions could have been stricter,” feels Raunak Seth, a Pune-based advocate.

The system has failed the child because he has been scarred forever with this incident. His parents are responsible for giving him the car without license... The rules have to be very strong so that there’s a fear in the minds of those who don’t abide by the law. Ranjana Prasad, Member, Delhi High Court’s Child Safety Monitoring Committee

Children’s rights activist Pallabi Ghosh, founder of Impact and Dialogue Foundation, adds, “This youngster is not even being made to feel like he committed a crime. It seems as though he didn’t finish his homework on time, so he’s been given a slap on the wrist… If the child is not made to realise the heinous consequences of what he did today, then tomorrow, as an adult, he won’t understand the aggrieved nature of what has happened.”

Accident-al scenario

The accused, 17, was returning from a pub with his friends after celebrating their XII board exam results at around 3.15am, on May 19. He was driving his father’s Porsche at 150km/hour in the Kalyani Nagar area, when he hit Aneesh Awadhiya and Ashwini Koshta — both engineers from Madhya Pradesh working in Pune — who were riding a bike while returning home along with other friends after a party. After the car crashed with the two-wheeler riders, they died on the spot and the minor's vehicle rammed into the railings on the roadside pavement.

The aftermath

Vishal Agarwal, the father of the accused, reportedly went absconding after a case was registered regarding this accident. He was arrested in Aurangabad on the morning of May 21. The manager and the owner of the bar, where the minor was served liquor, were also arrested. Meanwhile, social media users identified the two victims' Instagram profiles and started writing comments such as “We will get you justice!” and “Darkest hour in the history of the judicial system of this country” .

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