MANSUKHBHAI DHANAJIBHAI SAGATHIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 483 of the Bhartiya Nagrik Suraksha Sanhit, 2023, for regular bail in connection with FIR being C.R.NO.11208053240496 of 2024 registered with Rajkot Taluka Police Station, Rajkot for the offences punishable under Ss. 36, 304, 308, 337, 338, 465, 466, 471, 474, 201, 120(B) and 114 of the Indian Penal Code, 1860.

(2.) Learned Senior Advocate has submitted that the applicant herein was working as a Town Planning Officer in the Rajkot Municipal Corporation at the relevant time and Ward No.10 of the City of Rajkot, wherein the TRP Game Zone was situated fell under the supervision of the present applicant. The role attributed to the present applicant in the present offence is to the effect that the applicant had taken no steps for removal of illegal construction of the game zone though the order under Sec. 267 of the Gujarat Provincial Municipal Corporation Act had been passed in that regard. Thus, what is attributed to the present applicant is an omission on his part to take an action for removal of construction. No positive overt act is attributed to the present applicant, which could have contributed to the incident of fire.

(3.) Learned Special Public Prosecutor has opposed the present application, inter alia, contending that the applicant herein was working as a Town Planning Officer in the Rajkot Municipal Corporation at the relevant time. In June, 2023, an order for demolition of illegal construction of the game zone had been passed with the signature of the applicant himself. However, no action whatsoever had been taken over the said order by the present applicant.