Ramesh Nagji Devipujak vs State Of Gujarat
2022 Latest Caselaw 9070 Guj

      R/CR.MA/8200/2022                                    ORDER DATED: 13/10/2022




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 8200 of 2022

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                                RAMESH NAGJI DEVIPUJAK
                                        Versus
                                  STATE OF GUJARAT
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Appearance:
MR KIRTIDEV R DAVE(3267) for the Applicant(s) No. 1
MR RAHUL K DAVE(3978) for the Applicant(s) No. 1
MR MANAN MEHTA, APP for the Respondent(s) No. 1
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    CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                    Date : 13/10/2022

                                       ORAL ORDER

1 By way of this application under Section

439 of the Code of Criminal Procedure, 1973 the

applicant has prayed to release him on regular bail

in connection with the FIR being C.R.No.I-42 of 2009

registered with Bhuj Taluka Police Station for the

offence punishable under Sections 302, 307, 506(2)

and 34 of the Indian Penal Code.

2 As per the FIR registered by one Bechu

Jayram Vaghri (Devipujak) it is alleged that in the

midnight on 28.2.2009 when he was sleeping, he felt

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that some liquid was poured on him and he tried to

stand up, but at that time his clothes caught fire

and started burning and he found that the present

applicant along with Vibha Nagji were standing in

front of him and both were carrying a bottle in which

some liquid was there which was sprinkled on the

complainant. Ultimately, when the complainant stood

up they poured the liquid like petrol or kerosene on

his head, which caused burn injury to the complainant

and ultimately the complainant's wife, daughter and

son-in-law rushed to save him and he was admitted to

the hospital and ultimately the complainant succumbed

to the burn injuries.

2.1 In the FIR it is stated that on account of

some family issues, the present applicant had some

grudge against the deceased person, and therefore, on

account of that grudge the deceased person was burnt

alive.

2.2 Though the FIR was registered in the year

2009, it seems that the present applicant was

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absconding and he came to be arrested only on

16.6.2021 and in the meantime warrant under Section

70 of the Code of Criminal Procedure was issued and

proceedings pursuant thereto were also initiated and

that is how the present applicant has preferred this

application for enlarging him on bail after filing of

charge sheet.

3 Mr.Rahul Dave, learned advocate for the

applicant, submitted that the applicant is of unsound

mind and the co-accused who also was involved in

committing the crime was arrested and pursuant to the

order passed by the trial court though he was

convicted he was ordered to be imprisoned for a

period of 5 years only.

3.1 By making the aforesaid submissions,

learned advocate for the applicant submitted that

since the trial in respect of co-accused is already

over and though he is convicted only 5 years

imprisonment as sentence is imposed upon him, the

present applicant's case is also required to be

R/CR.MA/8200/2022 ORDER DATED: 13/10/2022

considered sympathetically keeping in mind the fact

that the applicant is of unsound mind and therefore

he is required to be enlarged on bail.

4 No other submissions were made by learned

advocate for the applicant nor any judgments was

cited.

5 Mr.Manan Mehta, learned Additional Public

Prosecutor vehemently opposed the application and

submitted that for a period of 12 years, the

applicant has remained absconding. He further

submitted that there is no documentary evidence to

indicate that the present applicant is of unsound

mind. Learned Additional Public Prosecutor further

submitted that the aspect of the applicant being of

unsound mind was considered by the trial court.

However, the aforesaid aspect was considered by the

trial court and it was observed by the trial court

while rejecting the bail application of the

applicant, that the applicant was discharged from the

mental hospital and it could be inferred from the

R/CR.MA/8200/2022 ORDER DATED: 13/10/2022

medical papers that on OPD basis the applicant can be

treated by way of medication, and therefore, the

aspect of unsound mind may not be considered by the

Court.

5.1 Learned Additional Public Prosecutor

submitted that even if assuming that the applicant is

of unsound mind, considering the fact that the

applicant is of unsound mind and he burnt the

deceased alive, it would be dangerous for the society

if he is enlarged on bail.

5.2 Mr.Mehta, learned Additional Public

Prosecutor submitted that irrespective of the

punishment imposed by the sessions fact remains that

co-accused has been convicted and the role of the

applicant is similar to the co-accused.

6 Heard learned advocates for the parties and

perused the record of the case. From the record, it

appears that the complainant was brutally murdered by

burning him alive by the present applicant along with

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co-accused person and was absconding for almost 12

years. Further, as the present applicant is of

unsound mind, as alleged by learned advocate for the

applicant, he can be treated by the jail authority

for his illness. However, considering the gravity of

the offence wherein the present applicant is

involved, I do not see any reason to exercise the

discretion under Section 439 of the Code and to

enlarge the applicant on bail. Even, the co-accused

is convicted for the crime, and therefore, there is

no reason to enlarge the applicant considering the

role attributed to him in the crime.

7 In view of the above and in absence of any

merit, this application is required to be dismissed

and accordingly the same is dismissed. Rule

discharged.

(NIRZAR S. DESAI,J) P. SUBRAHMANYAM