Introduction:

In a significant development, the Gujarat High Court has granted temporary bail to Tathya Pragneshbhai Patel, the primary accused in the tragic Iskcon flyover accident that occurred in July 2023 in Ahmedabad, resulting in the loss of nine lives. The bail, spanning four days from May 26 to May 29, 2025, was sanctioned to allow Patel to be present during his mother’s scheduled surgery. This decision comes amidst a backdrop of legal complexities and emotional appeals, highlighting the intricate balance between judicial prudence and humanitarian considerations.

Arguments from Both Sides:

Petitioner’s Perspective:

Patel’s legal team presented a compelling case, emphasising the critical health condition of his mother, who required immediate surgical intervention. They argued that Patel’s presence was indispensable during this period, not only for emotional support but also for logistical assistance. The defence underscored that Patel had previously been granted a seven-day temporary bail for the same purpose, but the surgery was postponed due to his mother’s unstable health conditions, including high blood pressure and fever. They assured the court of Patel’s commitment to surrender immediately if the surgery was further delayed.

State’s Opposition:

The prosecution opposed the bail extension, contending that the surgery’s scheduling was influenced by the family’s convenience rather than medical urgency. They highlighted Patel’s prior delay in surrendering after the initial bail period, raising concerns about potential non-compliance. The state emphasised the gravity of the charges against Patel, including culpable homicide not amounting to murder, and argued that granting bail could set a precedent affecting the integrity of judicial proceedings.

Court’s Judgment:

After meticulous deliberation, Justice L.S. Pirzada of the Gujarat High Court partially allowed the plea, granting Patel a four-day temporary bail from May 26 at 6:00 a.m. to May 29 at 9:00 p.m. The court mandated that Patel be accompanied by a police escort comprising one head constable and two constables, with the expenses borne by the petitioner. A personal bond of Rs. 5,000, along with a surety of the same amount, was required for his release. The court explicitly stated that if the surgery did not occur as scheduled, Patel must surrender immediately without fail. This decision reflects the court’s attempt to balance the humanitarian aspects of the case with the necessity of upholding legal accountability.