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Synopsis

The Bombay High Court has ordered the 17 year old juvenile accused in the Pune Porsche case to be released from the observation home. 

The division bench of the high court comprising Justice Bharathi Dangre and Justice Manjusha Deshpande passed the order of the habeas corpus petition filed by the aunt of the minor seeking his release. 

The 17-year-old, son of a builder in Pune, was booked by the Pune Police under sections 304A, 279, 337, and 338 of the Indian Penal Code after his Porsche car hit a motorcycle, resulting in the death of two people.

The juvenile was earlier granted bail by the Juvenile Justice Board but was later remanded to the observation home.

The petition states that the special judge was swayed by media pressure and remanded the juvenile to an observation home after granting bail.

During the hearing, the bench asked the prosecution how the juvenile could be remanded to an observation home when he was granted bail by the Juvenile Justice Board.

The bench questioned the prosecution, asking if it was not confinement if he was remanded after being granted bail.

The bench also said that the accused was also in trauma. 

"Two people have lost their lives. There was trauma, but the child was also in trauma,” the bench said. 

Senior Advocate Aabad Ponda, appearing for the aunt of the accused, contended that a free person's liberty was trampled upon when he was remanded to custody after being granted bail. 

He added that if the bail had been refused, then he could've been remanded to the observation home, but not when he was granted bail.