Bombay HC Grants Bail to Drunk Driving Accused; Orders Public Awareness Campaign as a Condition

Bombay High Court granted bail to Sabyasachi Devpriya Nishank, a 32-year-old professional, arrested for drunk driving, evading police barricades, and damaging public property. The Court imposed stringent and unconventional bail conditions, including performing community service by spreading awareness about the dangers of drunk driving. Justice Milind N. Jadhav remarked, “The applicant’s youth, professional background, and familial support mitigate the risk of absconding, but the offense committed reflects a serious lapse in judgment.”

"Don't Drink and Drive": Bombay HC Imposes Public Awareness as Bail Condition
On November 28, 2024, Nishank, an MBA graduate and Senior Vice President of a prominent NBFC, was arrested after driving under the influence of alcohol with 42.5% BAC, failing to stop at two police barricades in Mumbai, and damaging public barricades and vehicles. The police reported that Nishank “drove his vehicle in a rash and negligent manner and disobeyed lawful directions.”

Justice Milind N. Jadhav, while granting bail, underscored the significance of accountability and deterrence. He noted, “The applicant is an educated young professional with a promising career ahead, but the offense of driving under the influence of alcohol is not to be taken lightly. The balance of justice requires granting him bail while ensuring societal accountability.”

The Court imposed strict conditions for bail, including depositing ₹50,000 in the Police Welfare Fund to compensate for damages caused to public property. More notably, the Court directed Nishank to perform community service by holding an awareness banner at Worli Naka Traffic Signal every weekend for three months. The banner will read “Don’t Drink and Drive” in bold letters, with Justice Jadhav emphasizing, “This community service is a reminder to the applicant and society at large of the devastating consequences of drunk driving.”

Judicial Observations: Balancing Punishment with Rehabilitation
Justice Jadhav observed, “The applicant’s further incarceration is unwarranted, considering his educational background and the two months already spent in custody. However, driving under the influence is a grave offense, and public accountability through community service will ensure both deterrence and awareness.”

The Court clarified that Section 110 of the Bharatiya Nyaya Sanhita, 2023, a non-bailable offense, was invoked correctly, and emphasized the need for compliance with lawful directives. Addressing the applicant’s plea of misuse of police powers, the Court remarked that the allegations were “prima facie supported by evidence,” but further incarceration was unnecessary in the absence of violent conduct.

The Bombay High Court’s decision reflects a progressive and balanced approach to justice by combining legal accountability with community rehabilitation. Justice Jadhav’s order to “perform community service as a reminder of the ills of drinking and driving” highlights a growing trend of restorative justice, where offenders are made to contribute positively to society while facing the consequences of their actions.

Date of Decision: January 23, 2025