Archive · 17 Nov 2025
Gujarat HC Fines Cop Rs 5,000 for Abusing Process of Law in Bail Plea
A police officer wanted to get out of jail while waiting for his trial.
He had asked for bail before, but the judge said no, so he took back his request.
Later, he asked again, but this time the judge said he was just trying to get the judge to write down the reasons for saying no, so he could use those reasons to ask an even higher court for help.
The judge said this was not fair and was like misusing the rules.
The judge also said that based on what happened, it seemed more serious than just an accident.
So, the judge said no to bail again and made the officer pay a fine for misusing the court's time.
The trial has now started, and people are giving their stories.
Gujarat High Court rejected a bail plea filed by accused police constable Virendrasinh Padheriya.
The court imposed a Rs 5,000 fine on the constable for 'abuse of the process of law'.
Padheriya had previously withdrawn a bail application and filed a fresh one to obtain a reasoned order for a Supreme Court appeal.
The court noted that the trial in the murder case of MICA student Priyanshu Jain has commenced.
Evidence, including a weapon with the deceased's blood, was presented, and the constable's actions were deemed serious.
- Who
- Gujarat police constable Virendrasinh Padheriya and the family of victim Priyanshu Jain, represented by Advocate Aditya Choksi, and the public prosecutor Hardik Dave.
- What
- The Gujarat High Court rejected a bail plea filed by an accused police constable, imposed a Rs 5,000 fine for 'abuse of the process of law', and noted that the trial has commenced with witnesses being examined.
- When
- The court order was pronounced on November 12 and made available on a Monday.
- Where
- Gujarat High Court, Ahmedabad.
- Why
- The bail plea was rejected because the court found the successive application to be an abuse of legal process, aiming only to obtain a reasoned order for a Supreme Court appeal. The court also noted the seriousness of the allegations, the commencement of the trial, and the discovery of the weapon with the deceased's blood.
Accused Cop's Argument
Court's Reasoning
Filing of Bail Plea
Accused Cop's Argument
The accused constable filed a fresh bail plea to obtain a reasoned order from the High Court to appeal in the Supreme Court, as circumstances had not changed since the earlier application was withdrawn.
Court's Reasoning
The court viewed the successive bail application as an 'abuse of the process of law' because the accused could have sought reasons for rejection when the earlier application was withdrawn, instead of filing a new one solely to approach the Supreme Court.
Nature of Offence
Accused Cop's Argument
The accused's counsel argued that the offense committed was at best 'culpable homicide not amounting to murder'.
Court's Reasoning
The court disagreed, stating that the facts emerging on record suggest the accused, after being reprimanded, followed the deceased, engaged in a scuffle, and inflicted a knife blow on a vital part of the body, indicating more than just culpable homicide.
- Accused
- Virendrasinh Padheriya, Gujarat Police Constable
- Victim
- Priyanshu Jain, 23-year-old MICA student
- Incident Date
- November 2024
- Location
- Ahmedabad
- Court
- Gujarat High Court
- Fine Imposed
- Rs 5,000
- Legal Section (FIR)
- Section 103(1) of the Bhartiya Nyay Sanhita, 2023