Janhavi Gadkar bail rejected: Merely human?

Janhavi Gadkar, the Reliance Industries lawyer who allegedly killed two while driving drunk, has had her bail refused by magistrate Richa Khedkar, after senior counsel Amit Desai, representing Gadkar, argued yesterday that “significant progress” had been made in the case and keeping her in jail on bail was not necessary.

Desai had also represented Bollywood superstar Salman Khan in his Bombay high court bail after having been convicted of drunk-drive killing.

Public prosecutor Prahlad Mahajan had argued yesterday that Gadkar could tamper with evidence because she lived near to witnesses, some of whose statements were still being recorded.

Mumbai Audi crash: Kurla Court rejects bail plea of lawyer Jahnvi Gadkar, accused of mowing down two people, under influence of alcohol.

The lawyer representing one of the victim’s families, Niteen Pradhan, argued yesterday according to the Hindustan Times that this was not an ordinary case, saying: “The conscience of the general public is violated and general public says that something needs to be done.” Her lawyers had previously wanted to argue for bail on medical grounds.

The case had unleashed a torrent of vitriol in the media and online against Gadkar, including journalist Barkha Dutt calling her a “poor little rich girl” on Twitter, adding that “all your money wont buy you the grit& grace of their families. Drink to that.”

Salman Khan was pronounced guilty by a trial court has in May, immediately secured bail pending his appeal in the Bombay high court 13 years after his drink driving accident that killed one.

Correction: Khan has spent at least several days in police custody after the hit-and-run in 2002. We regret the error.

Comments

om prakash 26 Jun 2015, 11:01
+0 -0
Wow Talk the news article is like a lesson in slant

Whats up Kian huh!!1
kianganz 26 Jun 2015, 11:13
+1 -2
Where's a slant? Headline certainly intentionally slightly provocative, but it's a fair question to ask since media and Twitter commentary seemed to suggest she'd buy her way out of jail in 5 minutes...
Guest 26 Jun 2015, 11:47
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Condemning her based on "media and Twitter commentary"? Nice!
Seema Sapra 26 Jun 2015, 11:31
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India Today is still reporting that Gadkar spent 2 hours in her car on Marine Drive after leaving the Hotel. No mention of the meet up with the Reliance CFO.

http://indiatoday.intoday.in/story/mumbai-hit-and-run-case-janhavi-gadkar-audi-q3-crash-kurla-court-marine-drive/1/447299.html

It looks to me from the report below that there is no "law on bail", in practice Judges do whatever they want.

http://timesofindia.indiatimes.com/india/No-bail-for-Janhavi-Gadkar-in-drunk-driving-case/articleshow/47828748.cms
KnowTheTruth 1 Jul 2015, 09:01
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[quote name="Seema Sapra"]India Today is still reporting that Gadkar spent 2 hours in her car on Marine Drive after leaving the Hotel. No mention of the meet up with the Reliance CFO.

http://indiatoday.intoday.in/story/mumbai-hit-and-run-case-janhavi-gadkar-audi-q3-crash-kurla-court-marine-drive/1/447299.html

It looks to me from the report below that there is no "law on bail", in practice Judges do whatever they want.

http://timesofindia.indiatimes.com/india/No-bail-for-Janhavi-Gadkar-in-drunk-driving-case/articleshow/47828748.cms[/quote]

1. Gadkar may even claim that she met with the PM. Are you saying it should be published in newspapers?
Will Reliance be very happy to see their executive's name in all the news for attending a whisky party? I am sure reliance would have taken enough care to ensure that reliance CFOs name does not flash in the breaking news everyday.

2. If there were any consistent law on bail, Salman wouldn't have got bail easily after the crime, while gadkar is languishing in custody for 3 weeks already. In what ways is gadkar more likely/capable than our megastar in tampering with the evidence and/or influencing witnesses?
Seema Sapra 2 Jul 2015, 05:19
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KnowTheTruth writes: "Will Reliance be very happy to see their executive's name in all the news for attending a whisky party? I am sure reliance would have taken enough care to ensure that reliance CFOs name does not flash in the breaking news everyday."

Second that.
virage 26 Jun 2015, 11:49
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Amit Desai is a designated Senior Counsel. Kindly correct it, Kian!
kianganz 26 Jun 2015, 12:28
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Thanks, have corrected. Also forgot to mention that Desai represented Salman Khan in his Bombay HC bail hearing...
the system worked 26 Jun 2015, 12:11
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Her denial of bail restores my faith in the justice system, just a little. If you as a sane adult choose to repeatedly drink and drive and think it is acceptable to try and control the consequences with bribery then you deserve what is coming to you, especially when your inability to not drink and drive causes someone their life. If you drive an Audi you can afford a 'Party Hard Driver' or taxi!
PDMan 26 Jun 2015, 13:28
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Finally. A small step towards delivery of justice! Being a lawyer doesn't save you from the law madam.
Tamasha 26 Jun 2015, 17:08
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She may get bail after 70/76 days before that any bail application will not be fruitful.
Wondering 27 Jun 2015, 05:57
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Am no expert in criminal law, but i cant help but wonder... is guilt the criterion in determining whether someone should be granted bail? I always figured that the factors were largely - the likelihood of someone skipping town etc.
Anon E. Mouse 27 Jun 2015, 13:47
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Exactly. This is something most (including lawyers and judges) completely forget. The Supreme Court has taken great pains to enunciate that the rule is "Bail, not jail." This also stems from the most fundamental principle in criminal law in civilized societies - "innocent until proven guilty." The idea is that a person may be kept in custody only if they pose a risk to society (e.g. serial killer), or there is a real threat that they would flee the jurisdiction, or that they may tamper with evidence/ witnesses. It seems the prosecution successfully argued the last point.
Phoenyx 27 Jun 2015, 20:48
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What's with you and "allegedly" Kian ?
She killed two people. What do you want us to believe that somebody willcome forward at the later stage to take the blame on him and till then she has allegedly killed those 2.
kianganz 28 Jun 2015, 03:27
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It's called the law and journalistic ethics. Everyone is innocent until proven guilty in a court of law, not in a court of public opinion, even Gadkar horrendous as it may sound to you, or Kasab and everyone else without exception.
Confused Zeus Says . . . . 28 Jun 2015, 05:03
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I'd like to differ here, Kian. She did put an end to two lives. That's killing. Whether she committed culpable homicide amounting to murder is a question of law which is sub-judice. She is innocent of the crime of culpable homicide till proven guilty. That she killed two people is a fact.
kianganz 28 Jun 2015, 05:39
+3 -1
Ok, if that's correct, then I'm actually not sure what the rules of best practice are.

I was under the impression that as soon as there is a criminal case likely, it is advisable to report that all facts are alleged, until admitted in court by the accused.

After all, you have no idea what her plea will be in court or what she or any other accused will choose to contest or not.

Just because the police and media and 1000 people have said X happened, if there's a likelihood of a criminal trial, the media could prejudice the case by taking a judgment call on whether X is sufficiently proved / admitted, etc.

That's why I thought a blanket rule for the use of 'allegedly' exists, and is an important symbolic reminder of the role and responsibility of the Fourth Estate despite its power.
kianganz 28 Jun 2015, 05:56
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Also, an addendum to that, where do you draw the line of facts that you don't report as allegedly?

There are dozens of elements and 'facts' to any crime such as culpable homicide, including her state of mind, her level of drunkenness, the exact course of events of the accident, as well as the question of causation - i.e., whether she was in fact legally responsible for their deaths.

If media can decide authoritatively on one of these, what's to stop it from deciding on the other facts?
Outsider 28 Jun 2015, 06:31
+6 -1
I fully agree with you on this, Kian. It's actually pretty nice to say any journalist applying his/her mind instead of coming up with a tabloid piece and proceed towards trial by media, all guns blazing!
Seema Sapra 3 Jul 2015, 07:09
+1 -2
Just to give everyone outraging against Gadkar & women misusing the law something else to outrage against - in addition to & not in substitution.

Just found out about this - Nothing happened eventually in the Roop Kanwar murder disguised as sati case - Roop Kanwar's 'sati' case all 45 charged with murder & all 11 charged with glorification were acquitted - So who killed Roop Kanwar, no one? A living 18 year old woman was set on fire in front of a crowd and nobody murdered her according to our courts of law.

2004 Frontline report on how nothing happened in Roop Kanwar sati case - http://www.frontline.in/static/html/fl2105/stories/20040312002504600.htm