The Bombay High Court rejects an anticipatory bail to Arunkumar Singh, whose minor son was a passenger in the Porsche car that struck and killed two motorcycle passengers in Pune's Kalyani Nagar.
Singh is accused of conspiring to tamper with his son's blood samples to conceal the presence of alcohol after the incident. Justice Manish Pitale noted that there is prima facie evidence indicating that Singh bribed doctors at Sassoon Hospital to substitute his son's blood sample with that of the co-accused.
“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,” the Court noted.
Singh defended himself by arguing that the charges were unjustified, contending that Section 464 of the Indian Penal Code, which penalizes the creation of false documents through deception, did not apply because the doctors involved were aware of the sample changes. However, the prosecution countered that Singh’s actions were central to a conspiracy aimed at shielding his son from legal repercussions.
The single-judge concluded that the ingredients of the offences were prima facie made out.
The Court also noted the potential obstruction to investigation due to Singh absconding.
“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," the Court said.
With this, the Court proceeded to reject the plea.
Senior Advocate Aabad Ponda along with advocates Abid Mulani, Ashish Agarkar, Harshada Panphani and Chinmay Patil appeared for Petitioner.
Special Public Prosecutor Shishir Hiray along with advocate Sanjay Kokane and Additional Public Prosecutor Sagar Agarkar appeared for the State.
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