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HC orders offender to hold “Don’t Drink and Drive” banner at Worli Naka as part of bail condition

ByKaruna Nidhi
Jan 25, 2025 10:05 AM IST

Bombay High Court orders Sabyasachi Nishank to hold "Don't Drink and Drive" banner at Worli Naka for 12 weekends as part of bail conditions.

MUMBAI: The Bombay High Court has directed a 32-year-old senior vice president of a non-banking finance corporation, arrested in November 2024 for drinking and driving, to stand at Worli Naka junction holding a banner that reads, “Don’t Drink and Drive” for 12 weekends. This directive, designed to raise awareness about the perils of drunk driving, is part of the bail conditions granted to the accused, Sabyasachi Devpriya Nishank, on Thursday.

The Bombay High Court has directed a 32-year-old senior vice president of a non-banking finance corporation, arrested in November 2024 for drinking and driving, to stand at Worli Naka junction holding a banner that reads, “Don’t Drink and Drive” for 12 weekends. (Bhushan Koyande/ HT Photo)
The Bombay High Court has directed a 32-year-old senior vice president of a non-banking finance corporation, arrested in November 2024 for drinking and driving, to stand at Worli Naka junction holding a banner that reads, “Don’t Drink and Drive” for 12 weekends. (Bhushan Koyande/ HT Photo)

Nishank, a resident of Worli and an alumnus of IIM Lucknow, was arrested after a series of reckless incidents. In an inebriated state, he reportedly crashed through barricades at two police checkpoints in Andheri, collided with other vehicles, and fled the scenes. His blood alcohol level was found to be 42.5%, well above the legal limit, prompting his detention. In Maharashtra, the legal limit for blood alcohol content (BAC) is 0.03% per 100 ml of blood. This is equivalent to 30 milligrams of alcohol per 100 ml of blood.

Granting bail, Justice Milind Jadhav underscored the importance of community service in cases of this nature. “This is to create and spread awareness and a message about the ills of drinking and driving and its harmful effects,” the judge stated. The court ordered Nishank to stand at the footpath of the Worli Naka junction, in a well-lit and visible area, holding a banner with the message “Don’t Drink and Drive” in bold letters for three hours every Saturday and Sunday over three months.

As part of the bail conditions, Nishank must also deposit his driving licence with the authorities and pay 50,000 towards the police welfare fund for damaging public property. Additionally, he was released on a personal bond of 1 lakh with one or two sureties of the same amount.

Advocate Sachin Dhakephalkar, representing Nishank, submitted in the court that the police machinery had misused its powers by registering the crime against him based on convoluted facts. He stated that most of the charges against him were bailable. Highlighting that Nishank was a highly educated individual with a strong professional background, Dhakephalkar argued that his indictment and incarceration would be detrimental to his future career prospects.

Additional public prosecutor Dinesh Haldankar, however, stressed the seriousness of Nishank’s actions, which endangered public safety and disregarded police directives. He argued that such negligence must not be left unchecked to uphold the principles of accountability and law enforcement.

Justice Jadhav balanced these arguments by granting bail while incorporating community service as a key condition. Nishank’s public service, the court noted, would act as both a deterrent for others and a rehabilitative measure for him. “The applicant is to stand at a particularly visible well-lit place at the Worli Naka junction facing the road for a period of three hours between 7:00 pm to 10:00 pm every Saturday and Sunday for a period of three months,” the court ordered, adding that the banner must be prepared under the supervision of a traffic officer.

Speaking to HT, advocate Dhakephalkar said, “Community services are essential, particularly in cases of this nature. The Bharatiya Nyaya Sanhita (BNS) encompasses such measures, which is a positive change. The high court relied on Supreme Court precedents, highlighting the incorporation of community service provisions, which, I believe is a constructive measure”. He also emphasised on taking initiatives to engage and contribute voluntarily to community service, rather than waiting for court directives.

The Bombay high court’s decision aligns with the Supreme Court’s precedents on incorporating community service provisions into sentencing, reflecting a shift towards constructive and reformative justice.

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