Back
2013 Supreme(SC) 191
Supreme Court of India
P. SATHASIVAM & JAGDISH SINGH KHEHAR, JJ.
Ravindersingh @ Ravi Pavar – Appellant
Versus
State of Gujarat – Respondent
Criminal Appeal No. 334 of 2013 (Arising out of S.L.P. (Crl.) No 3334 of 2012) With Criminal Appeal No. 335 of 2013 (Arising Out of S.L.P. (Crl.) No. 4026 of 2012) And Criminal Appeal No. 336 of 2013 (Arising out of S.L.P. (Crl.) No 4027 of 2012)
Decided On : 22-02-2013
Headnote:Code of Criminal Procedure, 1973-Section 439-Bail Application-Dismissed by High Court-Appeal- Case relates to the hooch tragedy which resulted into death of 147 persons and serious physical injuries to 205 others after consuming spurious country-made liquor consisting poisonous chemical Methyl Alcohol in different parts of the Ahmedabad city, Gujarat, in July, 2009 - Case had been registered against several accused persons under various Sections of IPC and the Bombay Prevention Act, 1949 - Prosecution of appellant on the charge that he as a part of criminal conspiracy, along with other accused, agreed to manufacture and distribute/sell such liquor to suppliers in spite of the knowledge that on consumption of the same, it could cause death or severe physical damage/injury to the consumer- Such type of offences, as in the case on hand, are against the society at large and who commit the same do not deserve any leniency, particularly, in the State of Gujarat where complete prohibition is being followed- Merely because accused/appellant had spent three years as an undertrial prisoner, taking note of the gravity of the offence, he was held not entitled for bail- High Court rightly denied appellants application for bail-Appeal dismissed (Paras 13 to 17)
Code of Criminal Procedure, 1973-Section 439-Bail Application by respondent accused -Allowed by High Court-State Appeal- Case relates to the hooch tragedy which resulted into death of 147 persons and serious physical injuries to 205 others after consuming spurious country-made liquor consisting poisonous chemical Methyl Alcohol in different parts of the Ahmedabad city, Gujarat, in July, 2009 - Case had been registered against several accused persons under various Sections of IPC and the Bombay Prevention Act, 1949 - In a State having prohibition policy, supply of raw material for liquor, its production and distribution are illegal and A-2 supplied those poisonous chemicals such as ethyl and methyl alcohol to A-1 for manufacture of spurious country made liquor- Under these circumstances, considering the nature of the offence and manner in which A-2 supplied those poisonous chemicals despite having full knowledge about its consequences, respondent accused A-2 not deserved liberty of remaining on bail- Impugned judgment and order passed by High Court set aside- Respondent (A-2) directed to surrender before the court concerned , failing which, necessary steps be taken for his arrest in order to put him in jail (Paras 22 to 27)
Facts of the Case :
Appellant herein in the instant case was prosecuted on the charge that he as a part of criminal conspiracy, along with other accused, agreed to manufacture and distribute/sell such liquor to suppliers in spite of the knowledge that on consumption of the same, it could cause death or severe physical damage/injury to the consumer. Case related to the hooch tragedy which resulted into death of 147 persons and serious physical injuries to 205 others after consuming spurious country-made liquor consisting poisonous chemical Methyl Alcohol in different parts of the Ahmedabad city, Gujarat, in July, 2009 . Case had been registered against several accused persons under various Sections of IPC and the Bombay Prevention Act, 1949.Bail application by appellant was rejected while respondent A2 was enlarged on bail.
B. Present appeals have been filed by appellant and State against impugned orders of High Court.
Findings of the Court :
A. Such type of offences, as in the case on hand, are against the society at large and who commit the same do not deserve any leniency, particularly, in the State of Gujarat where complete prohibition is being followed. Merely because accused/appellant had spent three years as an undertrial prisoner, taking note of the gravity of the offence, he was held not entitled for bail. High Court rightly denied appellants application for bail. Appeal of appellant was dismissed.
B.A-2 supplied poisonous chemicals such as ethyl and methyl alcohol to A-1 for manufacture of spurious country made liquor. Under these circumstances, considering the nature of the offence and manner in which A-2 supplied those poisonous chemicals despite having full knowledge about its consequences, respondent accused A-2 not deserved liberty of remaining on bail. Impugned judgment and order passed by High Court was set aside. Respondent (A-2) was directed to surrender before the court concerned , failing which, necessary steps be taken for his arrest in order to put him in jail.
Result : Ordered Accordingly
Judgment :-
P. Sathasivam, J.
1) Leave granted in all the special leave petitions.
2) Ravindersingh @ Ravi Pavar has preferred appeal arising out of SLP (Crl.) No. 3334 of 2012 before this Court against the final judgment and order dated 10.02.2012 passed by the High Court of Gujarat at Ahmedabad in Criminal Misc. Application No. 1281 of 2012 whereby the High Court dismissed his application filed under Section 439 of the Code of Criminal Procedure, 1973 (in short ‘the Code’) seeking regular bail in C.R. No. 252 of 2009 registered with Odhav Police Station, Ahmedabad for the offences punishable under Sections 302, 307, 328, 272, 273, 201, 109, 114, 120B of the Indian Penal Code, 1860 (‘IPC’ for short) and Sections 65(a)(b)(c)(d)(e), 66(1)(b), 67-1A, 72, 75, 81 and 83 of the Bombay Prohibition Act, 1949.
3) The State of Gujarat, aggrieved by the judgment and order dated 29.09.2011, passed by the High Court in Criminal Misc. Application Nos. 12384 and 12385 of 2011 whereby the High Court enlarged one Jayesh Hiralal Thakkar (A-2) on bail in connection with C.R. No. 161 of 2009 registered with Kagdapith Police Station, Ahmedabad for the offences punishable under Sections 120B, 302, 307, 328, 272, 273, 201, 217, 221, 109 and 114 of IPC and Sections 65(a)(b)(c)(d)(e), 66(1)(b), 68, 72, 75, 81 and 83 of the Bombay Prohibition Act, 1949 and C.R. No. 252 of 2009 registered with Odhav Police Station, Ahmedabad for the very same offences, has filed the other two appeals arising out of special leave petition Nos. 4026 and 4027 of 2012.
4) Since the subject-matter of all the three appeals is one and the same, they are being disposed of by this common judgment.
S.L.P. (Criminal) No. 3334 of 2012:
5) The case relates to the hooch tragedy which resulted into the death of 147 persons and serious physical injuries to 205 others after consuming spurious country-made liquor consisting poisonous chemical Methyl Alcohol in different parts of the Ahmedabad city, Gujarat, in July, 2009 for which case has been registered against several accused persons under various Sections of IPC and the Bombay Prevention Act, 1949 with Odhav and Kagdapith Police Stations vide C.R. Nos. 252 and 161 of 2009 respectively.
6) The charge framed against Ravindersingh @ Ravi Pavar (accused No.11) is that he was a party to a meeting held with other accused persons prior to the date of the incident wherein they conspired to manufacture and distribute country-made liquor consisting poisonous chemical Methyl Alcohol, in order to gain financial benefit, by selling the same due to its low cost. The charge sheet further proceeds that as a part of criminal conspiracy, he along with other accused, agreed to manufacture and distribute/sell such liquor to suppliers in spite of the knowledge that on consumption of the same, it can cause death or severe physical damage/injury to the consumer.
7) When the accused/appellant moved an application under Section 439 of the Code in connection with C.R. No. 252 of 2009, before the High Court, on going into the specific allegations against him, his role and involvement in the hooch tragedy which resulted into more than 147 deaths in the city of Ahmedabad and after satisfying prima facie case as well as considering the gravity of the crime punishable under Section 302 etc. the High Court rejected his third successive bail application.
8) Mr. K.T.S. Tulsi, learned senior counsel for the appellant, after taking us through the allegations in the charge sheet and connected materials submitted that in the absence of any material that the appellant had any knowledge that illicit liquor was poisonous or that he had any intention to cause the death of the deceased persons at the most it is the case under Section 304 of IPC and not under Section 302 of IPC. He further submitted that the High Court failed to consider that the co-accused, alleged to be having similar role as that of the appellant as well as those accused allegedly having graver role, have already be
