Gujarat High Court asks Vismay Shah to do social service to enjoy bail

The Gujarat High Court on Wednesday granted bail to BMW hit-and-run convict Vismay Shah in a prohibition case registered against him after he was found in an inebriated condition from a liquor party at a farmhouse in Adalaj on December 26, 2018. The court, however, imposed a condition that Vismay will have to do social service in order to enjoy his bail, the modalities of which will be finalised by it.

Notably, the single judge bench of Justice AY Kogje granted the bail to the hit-and-run convict and directed him to file an undertaking that he will do social service as instructed by the court.

While the state government had vehemently opposed the bail plea of Vismay citing his criminal antecedents and his conviction in the hit-and-run case, an appeal against which is pending, the latter's counsel submitted that the offences against which Vismay was booked were bailable. Vismay had also sought bail on the ground of parity as five others, including his wife, who were arrested for the same offence, had been granted bail by the court.

The court had earlier refused to grant bail to Vismay seeking details of his criminal antecedents. However, as an interim relief, it had given him temporary bail which had been continued from time-to-time. The state in its reply filed in the case had earlier submitted that there are two cases registered against Vismay—one is the hit-and-run case and another for driving under the influence of alcohol.

The senior counsels, appearing for the accused including Vismay, had earlier argued that the state government is drawing a sadistic pleasure in the case and in liquor consumption matters, invariably bail is granted. The advocates had then submitted that the accused are not charged with bootlegging and the sections levelled are not grave in nature. Also, it was argued that when courts can grant bail to an accused caught with Rs 30 lakh worth of liquor, the petitioners should also get bail.