India: Pune teen granted bail in Porsche crash case as court says remand order 'illegal'

Bombay High Court on Tuesday (June 25) granted bail to the 17-year-old accused in the Pune Porsche crash case that claimed the lives of two software engineers in the west Indian city in May. The teen, who was reportedly driving the high-powered vehicle, was allegedly under the influence of alcohol, and will now be placed under the care and supervision of his aunt.

Calling the remand order "illegal", the court said, “We are bound by law, the aims and objectives of the Juvenile Justice Act and must treat him as any child in conflict with law separately from adults, despite the seriousness of the crime." 

"The CCL (child in conflict with law) is under 18. His age needs to be considered," the court said.

Notably, the Juvenile Justice Board initially granted bail to the minor on the same day as the accident, May 19.

However, the Pune police later filed an application seeking to amend the bail order which led to the teen being taken into custody and remanded to an observation home.

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The high court bench of Justices Bharti Dangre and Manjusha Deshpande had reserved the order on June 21 into the matter.

During the hearing on Friday (June 21), the high court had questioned the police's actions and stated that the teen accused was also in trauma and should be given some time.

"What type of remand is this? What is the power to remand? What kind of procedure is this where a person has been granted bail and then a remand is passed taking him in custody," the court had said.

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"He is a person who has been granted bail, but now he has been confined to an observation home. Is this not confinement? We would like to know your source of power," the court added.

It said that it expected the Juvenile Justice Board to be responsible.

Advocate Aabad Ponda, representing the teen's aunt, in the habeus corpus petition filed, argued that the police had no legal basis to seek modification of the bail order instead of challenging it outright.

He said that the boy had already been granted bail, and the police's actions amounted to trampling on his personal liberty as a free citizen.

The bench reserved its order on the aunt's plea seeking the teen's release from the observation home, noting that the boy will remain there until June 25.

This case has sparked widespread outrage and debate over road safety, underage driving, and the treatment of minors accused of serious crimes.