Gujarat High Court grants temporary bail to Vismay Shah, five others in prohibition case

In an interim relief to BMW hit-and-run convict Vismay Shah, his newly-wed wife, and four others, who are presently behind bars in connection with a prohibition case, the Gujarat High Court on Friday granted them temporary bail till the next hearing of their matter on January 9. While providing the relief, the court clarified that the accused should not leave Ahmedabad.

The court also issued a notice to the state government directing it to file its reply in the matter by the next hearing of the cases.

Notably, the six persons were arrested by Gandhinagar police while they were having a liquor party at a farmhouse on December 26. They had to move the Gujarat High Court after a Gandhinagar court rejected their bail plea. However, even in the high court, the accused failed to get any relief as three high court judges—Justice Umesh Trivedi, Justice AP Thaker, and Justice VB Mayani recused themselves from hearing the bail pleas.

Eventually, the high court registry had no option, but to place the matter before the vacation bench of Justice AC Rao, who heard the matter on Friday. The court had to provide the relief, after the senior counsels appointed by the accused persons vehemently argued that it is a simple case of prohibition and the alleged offences are bailable in nature.

The senior counsels argued that the state government is drawing a sadistic pleasure in the case and in consumption matters, invariably bail is granted. The advocates 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 accused caught with Rs 30 lakh worth of liquor, the petitioners should also get bail.

Interestingly, the state counsel tried to sought time from the court to take instructions in the matter. However, the senior advocates appearing for the accused were dead against it and submitted that the court should grant interim relief to the accused if the state government is to be provided time. One of the senior advocates also contended that the state counsel has been dealing with similar cases every day and therefore, there was no reason for the counsel to seek instructions from the government on the issue.

IN & OUT ...

• The six people were arrested by Gandhinagar police while they were having a liquor party at a farmhouse on December 26. They had to move HC after a Gandhinagar court rejected their bail plea. 
   
• HC registry placed the matter before the vacation bench of Just-ice AC Rao, who heard the matter on Friday