Further Incarceration Not Warranted Considering He Is Young & Highly Educated: Bombay HC Grants Bail To IIM Alumnus In Drunk Driving Case
The Bombay High Court ordered the Applicant to hold a banner reading ‘Don’t Drink & Drive’ on the footpath as part of community service.
The Bombay High Court granted bail to an IIM graduate in a drunk driving case while remarking that further incarceration was not warranted considering his “future prospects and the fact that he is young and highly educated.”
The Court allowed the Bail Application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) by the Applicant, the Senior Vice President of Centrum Wealth Limited, for offences punishable under Sections 110, 132, 281, 324(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and Section 185 of the Motor Vehicles Act, 1988.
A Single Bench of Justice Milind N Jadhav remarked, “Applicant is in custody for almost 2 months. He comes from a good family is what I gather after interacting with his mother who is present in Court. His further incarceration is not warranted considering his future prospects and the fact that he is young and highly educated.”
Advocate Sachin Dhakephalkar represented the Applicant, while APP Dinesh J Haldankar appeared for the Respondent.
Brief Facts
The prosecution alleged that the Applicant, while driving under the influence of alcohol, failed to stop at two blockade (Nakabandi) check posts at Gokhale Bridge and Holy Family School in Andheri (East). It was alleged that the Applicant rammed into barricades at both locations, drove negligently, and caused damage to 2-3 moving vehicles and public property.
As per his medical examination, the Applicant was found to have 42.5% alcohol in the blood at the time of the incident. Based on these allegations, an FIR was registered and the Applicant has been in custody since then.
Court’s Reasoning
The High Court noted that all Sections invoked against the Applicant except Section 110 of the BNS were bailable.
“It is prima facie seen that Applicant is a MBA from Indian Institute of Management, Lucknow. He is 32 years old, unmarried. His father is a retired Senior Officer from the Reserve Bank of India. His mother who is present in Court is a business-woman,” the Court remarked.
Consequently, the Court allowed the Bail Application on the following terms:
“Applicant is directed to perform community service as one of the condition for grant of this bail. He shall report to the Traffic Officer manning the Traffic signal at Worli Naka Junction within 2 days of his release from prison on bail where the Applicant is residing and the said Traffic Officer shall depute the Applicant to stand at a particularly visible well-lit place on the footpath of the said junction facing the road for a period of three hours between 7:00 pm to 10:00 pm on every Saturday and Sunday for a period of three months (i.e. for 12 Saturdays and 12 Sundays) by holding a flex banner (black lettering and white background) admeasuring 4 feet X 3 feet (which shall be prepared by him at the instruction of the Traffic Officer) in his hands which shall state the words “Don’t Drink and Drive” in bold and big font.”
The Bench stated that this was to create and spread awareness about the ills of drinking and driving and its harmful effects.
Accordingly, the High Court allowed the Bail Application.
Cause Title: Sabyasachi Devpriya Nishank v. The State of Maharashtra (Neutral Citation: 2025:BHC-AS:3319)
