Can tamper with evidence: Court denies Gadkar bail
Mumbai Mirror Bureau
A court in Kurla on Friday rejected the bail application of drink-driving accused Janhavi Gadkar, arrested for the Eastern Freeway mishap that killed two persons, holding that the possibility of her tampering with evidence and influencing witnesses could not be ruled out.
Also, the court said, the investigation was still under way. After recording the arguments of both the defence and the prosecution, Magistrate Richa Khedkar denied bail based on the police’s contention that the witnesses’ statements have to be recorded.
“In these circumstances, there is possibility of tampering of witnesses of the prosecution by pressurising the witnesses after release of the accused on bail. Though the accused is a highly qualified person, she is an advocate and being a lady cannot be a sufficient ground for release on bail. At this stage, it will not be proper and just to release the accuse on bail, which is exclusively triable by the sessions court.” the judge observed.
While arguing for Gadkar’s bail in the Kurla Metropolitan Magistrate court, defence lawyer Amit Desai said based on the prosecution’s case said, “I am conscious of the sensitivity of the matter and no amount of regret or apology could get back a lost one. This is a serious crime, not a heinous one.”
Desai added that bail for Gadkar, who was working as vice president (Legal) with Reliance Industries Ltd, should not be rejected as a pre-trial punishment.
“She has cooperated with the investigation. On the night of the accident, she was let off on a bond and she duly returned to the police station the next morning, despite being in immense pain. She is a highly regarded professional and has worked her way up from a middle class family,” he said.
Opposing the bail application, lawyer Niteen Pradhan, appearing on behalf of the victims’ family, said this case has pricked the conscience of society and should not be taken lightly. “Day in, day out there are drink driving cases. I am not saying she should be permanently kept in custody, but the investigation in the case still isn’t complete,” he told the court.
A court in Kurla on Friday rejected the bail application of drink-driving accused Janhavi Gadkar, arrested for the Eastern Freeway mishap that killed two persons, holding that the possibility of her tampering with evidence and influencing witnesses could not be ruled out.
Also, the court said, the investigation was still under way. After recording the arguments of both the defence and the prosecution, Magistrate Richa Khedkar denied bail based on the police’s contention that the witnesses’ statements have to be recorded.
Gadkar is charged with ramming her Audi into a taxi, killing driver Sayyed Hussain, 57, and Salim Sabuwala, 50, while speeding against the one-way traffic on the Freeway. Her blood alcohol content was several times over the legal limit, said a preliminary report.
“In these circumstances, there is possibility of tampering of witnesses of the prosecution by pressurising the witnesses after release of the accused on bail. Though the accused is a highly qualified person, she is an advocate and being a lady cannot be a sufficient ground for release on bail. At this stage, it will not be proper and just to release the accuse on bail, which is exclusively triable by the sessions court.” the judge observed.
While arguing for Gadkar’s bail in the Kurla Metropolitan Magistrate court, defence lawyer Amit Desai said based on the prosecution’s case said, “I am conscious of the sensitivity of the matter and no amount of regret or apology could get back a lost one. This is a serious crime, not a heinous one.”
Desai added that bail for Gadkar, who was working as vice president (Legal) with Reliance Industries Ltd, should not be rejected as a pre-trial punishment.
“She has cooperated with the investigation. On the night of the accident, she was let off on a bond and she duly returned to the police station the next morning, despite being in immense pain. She is a highly regarded professional and has worked her way up from a middle class family,” he said.
Opposing the bail application, lawyer Niteen Pradhan, appearing on behalf of the victims’ family, said this case has pricked the conscience of society and should not be taken lightly. “Day in, day out there are drink driving cases. I am not saying she should be permanently kept in custody, but the investigation in the case still isn’t complete,” he told the court.
