RAVINDERSINGH @ RAVI PAVARversusSTATE OF GUJARAT

                   [2013] 1 S.C.R. 1115


            RAVINDERSINGH @ RAVI PAVAR                         A
                             v.
                   STATE OF GUJARAT
          (Criminal Appeal No. 334 of 2013 etc.)

                   FEBRUARY 22, 2013
                                                               B

[P. SATHASIVAM AND JAGDISH SINGH KHEHAR, JJ.]

    Code of Criminal Procedure, 1973:

     s.439(1) read with Art.136 of the Constitution - Bail - C
Hooch tragedy - A large number of persons died and other
suffered serious physical injuries by consuming country made
liquor containing ethyl and methyl alcohol - Hald: The
materials placed on record prima facie establish that the
appellant was not a mere supplier of spurious alcohol but he D
was involved in the criminal conspiracy of manufacturing
spurious liquor along with the main accused and selling the
same at various places through his men - Besides, the
appellant is a habitual offender and is facing several similar
cases - There is every likelihood that if the accused/appellant E,
is released on bail, he would threaten the witnesses and again
indulge in sale of spurious liquor - Therefore, the appellant
is not at all entitled to bail at this stage - The record reveals
that respondent in the other appeal is a prime conspirator and
had indulged in illegally supplying ethyl and methyl alcohol F
to main accused for manufacturing country made liquor -
Further, the respondent is a habitual offender - There are
several cases pending against him - He has also abused the
bail granted to him in a different case - Taking note of all the
aspects, the antecedents of the respondent, the gravity and G
nature of offence, loss of human lives, the impact on the social
fabric of the society, his continuous involvement in criminal
activities while on bail, the Court is satisfied that the
respondent does not deserve to continue to remain on bail -
                            1115                                H
    1116     SUPREME COURT REPORTS               [2013) 1 S.C.R.

A Accordingly, the judgment and order passed by High Court
    granting him bail is set aside - Constitution of India, 1950 -
    Art. 136.

       The appellant in Crl. A. No. 334 of 2013 and the
8 respondent    in Crl. A. No. 335 and 336 of 2013 were
  charged with various offences punishable under the
  Penal Code, 1860 and Bombay Prohibition Act, 1949, in
  the case relating to the hooch tragedy which resulted in
  death of 147 persons and serious physical injuries to 205
C others after consuming spurious country made liquor
  containing poisonous chemical methyl alcohol which
  was manufactured and supplied by accused persons.
  The application for bail filed by the appellant in Crl. A. No.
  334 of 2013 was rejected whereas the bail applications
  of the respondent in Crl. A. 335 and 336 of 2013 were
D allowed by the High Court.

        Disposing of the appeals, the Court

       HELD: 1.1 Normally, while considering the
E application for bail, it is not necessary for the court to
  assess the materials placed by either side, discuss and
  arrive at a definite conclusion. However, taking note of
  the gravity of the offence, this Court has to deal with
  those aspects confining to the disposal of the bail
F application. [para 11) [1121-D-E]

       1.2 In a State having prohibition policy, supply of raw
  material for liquor, its production and distribution are
  illegal. It is a matter of common knowledge that if any one
  consumes liquor manufactured out of ethyl/methyl
G alcohol, it would have very adverse effect on the body
  which can cause death or bodily injury as is likely to
  cause death. [para 26) [1127-G-H; 1128-A]


H
   RAVINDERSINGH@ RAVI PAVAR v. STATE OF                 1117
                GUJARAT
Crl. Appeal No. 334 of 2013                                      A

     2.1 A perusal of the reasoning of the High Court as
well as the materials placed by the prosecution prima face
establish that the appellant was not a mere supplier of
spurious alcohol but he was involved in the criminal             B
conspiracy of manufacturing spurious liquor along with_
the main co-accused (A-1) and selling the same at various
places through his men. The statements of various
persons support the greater role played by the accused/
appellant. [para 14) [1123-A-B]
                                                                 c
      2.2 It has also been brought to the notice of the Court
that the appellant is a "habitual offender" and is facing
more than 20 cases including similar cases under the
various provisions of IPC and the Bombay Prohibition
Act, 1949. It is further pointed out that there is every         D
likelihood that if the accused/appellant is released on bail,
he would threaten the witnesses and again indulge in
sale of spurious liquor. The appellant cannot claim parity
with other accused in claiming bail. Therefore, the
appellant is not at all entitled to bail at this stage and the   E
High Court has rightly denied him bail. [para 15, 16-17)
[1123-E-G; 1124-C)

Crl. Appeal Nos. 335 and 336 ·of 2013

      3.1 It is highlighted by the prosecution that during the   F
course of investigation, it has been revealed that the
respondent (A-2) is a prime conspirator and had indulged
in illegally supplying ethyl and methyl alcohol to A-1for
manufacturing country .made liquor. Because of the
conduct of A-2 in supplying ethanol and methanol to A-1          G
for preparation of spurious liquor, several casualties and
injuries were resulted. The High Court, in a casual way,
has concluded that since the business of A-2 was looked
after by his nephew and he also disposed of his petrol
pump, A-2 cannot be blamed. It is not a valid ground for         H
    1118     SUPREME COURT REPORTS               [2013] 1 S.C.R.

A enlarging the accused on bail. [para 19 and 23] (1124-H;
  1125-A; 1127-A-B]

       3.2 The State has highlighted that A-2 is a "habitual
  offender" and there are 22 cases pending against him in
  various police stations. It is also mentioned that during
8
  the period while he was granted temporary bail by the
  High Court, he indulged in an offence of theft and a case
  was registered against him u/s 379 of IPC for which he
  was arrested and later enlarged on bail. Taking note of
  all the aspects, the antecedents of the respondent, the
C gravity and nature of offence, loss of human lives, the
  impact on the social fabric of the society, his continuous
  involvement in criminal activities while on bail, the Court
  is satisfied that the respondent (A-2) does not deserve to
  continue to remain on bail. Accordingly, the judgment and
D order passed by the High Court is set aside. [para 24, 25
  and 27) [1127-C-D, F; 1128-8-C)

        CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
    No. 334 of 2013.

E        From the Judgment & Order dated 10.02.2012 of the High
    Court of Judicature for Gujarat at Ahmedabad in Criminal Misc.
    Application No. 1281 of 2012.

                                WITH

F   Crl. A. Nos. 335 & 336 of 2013.

       K.T.S. Tulsi, Uday U. Lalit, Amit Sharma, Hemantika Wahi,
  Pinky Behra, Nandini Gupta, Yogesh Ravani, Shiv Mangal
  Singh, Abhinandini Sharma, T. Mahipal for the appearing
G parties.
        The Judgment of the Court was delivered by
         P. SATHASIVAM, J. 1. Leave granted in all the special
    leave petitions.
H       2. Ravindersingh @ Ravi Pavar has preferred appeal
   RAVINDERSINGH @ RAVI PAVAR v. STATE OF                  1119
         GUJARAT [P. SATHASIVAM, J.]
arising out of SLP (Crl.) No. 3334 of 2012 before this Court       A
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          B
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       c
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       D
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   E
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.
                                                                   F
    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:
                                                                   G
      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       H
    1120     SUPREME COURT REPORTS                 [2013] 1 S.C.R.


A   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
8
  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
C 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.
D
       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
E 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.
F      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
G 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,
H have already been granted bail and, therefore, on the ground
   RAVINDERSINGH@ RAVI PAVAR v. STATE OF                    1121
         GUJARAT [P. SATHASIVAM, J.]
of parity also, the accused/appellant deserves to be enlarged       A
on bail on the same terms and conditions.

     9. Ms. Hemantika Wahi, learned counsel appearing for the
State, by taking us through the allegations mentioned in the
charge sheet, statement of witnesses and the gravity of the         8
offence submitted that in view of the appellant's association
with the main accused, namely, Vinod@ Dagri (A-1) and also
taking note of the fact that he is a "habitual offender" involved
in many similar offences, it is not desirable to enlarge him on
bail and according to her, the High Court was fully justified in    C
dismissing his bail application.

     10. We have carefully considered the allegations, materials
placed, gravity of the offence etc. in detail.

     11. Normally, while considering the application for bail, it   o
is not necessary for the court to assess the materials placed
by either side discuss and arrive at a definite conclusion.
However, taking note of the gravity of the offence, we have no
other option except.to deal with those aspects confining to the
disposal of the bail application. The charge sheet (Annexure-       E
P3) filed along with the special leave petition gives the details
of involvement/role played by the accused persons. The role of
the present appellant (A-11) reads as under:

    "The accused No.11 Ravindersingh @ Ravi s/o
    Jayramsingh Pavar mentioned in column No.1 who was              F
    doing the business of country and .foreign liquor with his
    partners column No.1 accused Nos. 29 and 30 and having
    the criminal history and remaining in contact with the
    accused No.1 for obtaining cheap country liquor having
    Methyl Alcohol made the partnership with the accused            G
    No.1 and obtained county liquor having Methyl Alcohol from
    accused No.1 and in spite of aware of the fact that it
    caused physical harm which cause death of the persons
    brought it from Vanthvadi village on 06.07.2009 through his
    persons accused No. 32 and 33 and sold it on cheap rates        H
    1122    SUPREME COURT REPORTS                 [2013] 1 S.C.R.


A       to the column No.1 accused Nos. 27, 28 and 31 and
        column No. 2 accused Nos. 1 and 2 and also selling it to
        his own liquor stand place situated in Bapunagar area
        behind General Hospital through his persons and on
        drinking caused the death of the persons and also causing
B       the serious injuries to the peoples fulfilled the criminal
        conspiracy and on 06.07.2009 lots of people died in the
        Ahmedabad city drinking the poisonous liquor and
        admitted into the Hospitals and in spite of knowing the said
        facts continue to sell the poisonous country liquor
c       committed the serious nature offence and thereafter
        disposed off the evidence had disposed the chemicalized
        poisonous liquor which is in his possession."

       12. Mr. Tulsi, learned senior counsel for the accused/
  appellant has contended that the only allegation against him is
D that he has simply sold the country-made liquor and prima facie
  no case is being made out against him for manufacturing
  spurious liquor and, therefore, he cannot be charged under
  Sections 302, 307 and 328 of IPC. On going through the entire
  materials, we are unable to accept the same.
E
         13. The materials placed by the prosecution show that the
  appellant was not just a supplier of alcohol but was one of the
  main conspirators along with Vinod @ Dagri (A~1) in the
  manufacture of spurious alcohol along with other co-accused.
F It is the case of the prosecution as established by the statement
  of witnesses that the appellant, along with main accused, with
  a view to earn easy money, hatched a conspiracy for
  manufacturing spurious alcohol from Methyl Alcohol, very well
  knowing that it is poisonous and can cause death or severe
G physical damage/injury on consumption. The statements of
  various persons relied on by the prosecution supports the
  above stand. The investigation further revealed that on the next
  day of the hooch tragedy in July, 2009, the appellant and his
  two associates had gone to one-Farzana Banu to sell the huge
  stock of spurious liquor, since the premises of the appellant
H was raided by the Police.
   RAVINDERSINGH@ RAVI PAVAR v. STATE OF                    1123
         GUJARAT [P. SATHASIVAM, J.]
      14. A perusal of the reasoning of the High Court as well       A
as the materials placed by the prosecution prima face establish
that the appellant was not a mere supplier of spurious alcohol
but he was involved in the criminal conspiracy of manufacturing
spurious liquor along with the main co-accused Vinod @ Dagri
(A-1) and selling the same at various places through his men.        B
The statements of various persons including one Dahiben
support the greater role played by the accused/appellant.

     15. Mr. Tulsi, learned senior counsel has also claimed
parity with the co-accused Jayesh Hiralal Thakker (A-2), who         C.
has been granted bail by the High Court, vide order dated
29.09.2011, in the similar offence and claimed similar order in
respect of the present appellant - Ravindersingh @ Ravi Pavar.
He also brought to our notice that bail has been granted to one
Minaben (A-27) on 20.07.2011 and the State has not filed any
special leave petition before this Court. As far as grant of bail    D
to Jayesh Hiralal Thakker is concerned, the State has filed
Special Leave Petition (Criminal) Nos. 4026 and 4027 of 2012,
which we are going to consider after the conclusion of the
present appeal. Hence, the appellant cannot claim parity with
the co-accused Jayesh Hiralal Thakker. Insofar as the order          E
granting bail to A-27 is concerned, we were taken through the
reasons appended to in her bail application and also of the fact
that she being a lady, we are of the view that the appellant
cannot claim parity with the said accused in claiming bail.
                                                                     F
      16. Apart from the above materials, learned counsel for the
State has also brought to our notice that the appellant is a
"habitual offender" and is facing more than 20 cases including
similar cases under the various provisions of IPC and the
Bombay Prohibition Act, 1949. It is further pointed out that there   G
is every likelihood that if the accused/appellant is released on
bail, he would threaten the witnesses and again indulge in sale
of spurious liquor.

    17. It is a well known fact that Methanol is a poisonous
substance and by adding the same while manufacturing                 H
    1124     SUPREME COURT REPORTS                   [2013] 1 S.C.R.

A spurious alcohol, it can have devastating results and can cause
  death or severe damage to health or injuries to anyone who
  consumes it. Further, 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
B Gujarat where complete prohibition is being followed. Merely
  because the accused/appellant had spent three years as an
  undertrial prisoner, taking note of the gravity of the offence, he
  is not entitled for bail. As observed earlier, in view of the gravity
  of the offence, death of a number of persons, injury to several
c others and the impact on the society as a whole, we hold that
  the appellant is not at all entitled to bail at this stage and the
  High Court has rightly denied his application for bail,
  consequently, the appeal of the accused fails and the same is
  dismissed.
D Appeals filed by the State:
    S.L.P. (Criminal) Nos. 4026 and 4027 of 2012

       18. The above mentioned appeals have been preferred by
E the State wherein the respondent-Jayesh Hiralal Thakker (A-
  2) is an accused in C.R. No.161 of 2009 registered with
  Kagdapith Police Station, Ahmadabad and C.R. No. 252 of
  2009 registered with Odhav Police Station, Ahmadabad and
  in both the cases, he has been charged under various sections
  of IPC and the Bombay Prohibition Act, 1949, as mentioned
F earlier and was granted bail by the High Court.

      19. The respondent is Accused No. 2 in C.R. No. 252 of
  2009 and C.R. No. 161 of 2009 registered at Odhav and
  Kagdapith Police Stations respectively wherein total of 147
G persons died and 205 persons were seriously injured after
  consuming spurious liquor prepared from chemicals like ethanol
  and methanol, which were supplied by the respondent-accused,
  who was trading in those hazardous chemicals, to Vinod @
  Dagri (A-1) for the preparation of country-made liquor. It is
H highlighted by the prosecution that during the course of
    RAVINDERSINGH@ RAVI PAVAR v. STATE OF                     1125
          GUJARAT [P. SATHASIVAM, J.]
  investigation, it was revealed that respondent (A-2) is a prime      A
  conspirator and had indulged in supplying methyl alcohol for
  manufacturing country made liquor. According to the
  prosecution, the statements recorded from seven witnesses
  reveal about the involvement of the respondent. It is also
  projected by the prosecution that one of the witnesses stated        B
  that near the petrol pump at Mogar, there is a godown and two
  barrels were put in his vehicle to be delivered to A-1, who was
  the mastermind in preparation of country made liquor out of
  methyl alcohol, supplied by A-2 at village Vanthwadi. It is also
  their case that respondent (A-2) had purchased about 500-600         c
  plastic and iron barrels as per his requirement and again in the
  month of July, he purchased 70 more barrels. The prosecution
  has also projected that A-2 had sufficient knowledge about the
  properties of methyl alcohol and that it is poisonous to use in
  the preparation of country liquor. Despite this, the respondent
                                                                       0
  used to obtain the same illegally from the tankers coming from
  Kutch and Mumbai through absconding co-accused and kept
  the same in his custody without permit and supplied it to Vinod
· @ Dagri (A-1) for the preparation of liquor. All these particulars
  form part of charge sheet filed on 05.09.2009.
                                                                       E
     20. The specific allegations in the charge sheet about the
 respondent (A-2) are as under:

      "Accused No.2 Jayesh Hiralal Thakkar stated in the Column
      No.(1) having the criminal antecedents who is running            F
      illegal business of chemical at the Godown situated at the
      petrol Pump located at Village - Mogar, in company of the
      Accused No.3 named in the Column No.(1) and through
      the accused Nos. 3, 4 and 5 mentioned in the Column No.
      (2) had illegally obtained the poisonous Methyl Alcohol          G
      from the Tankers coming from Bomby and Kutch
      possessed the same without any Pass or permit, and
      inspite of having knowledge regarding poisonousness of
      Methyl Alcohol and that it is to be used in preparing liquor
      the Accused Nos. 4, 5, 6, 7 and 8 had sold the poisonous
                                                                       H
    1126     SUPREME COURT REPORTS                  [2013] 1 S.C.R.


A       Methyl Alcohol to Accused No.1 for manufacturing
        Degenerated poisonous country liquor and thereby have
        played active role in the conspiracy with the view to earn
        monetary profit and after the declaration of Hooch Tragedy
        disposed of the Methyl Alcohol within their possession and
B       had gone on run and thereby have committed serious
        offence."

         21. The information furnished by the prosecution clearly
    shows that in a State having complete prohibition policy, the
C   supply of raw material for liquor, its production and distribution
    are illegal. It is also demonstrated that respondent (A-2) has
    illegally supplied poisonous chemicals like ethyl and methyl
    alcohol to A-1 for the manufacture of country made liquor. It is
    not in dispute that if anyone consumes liquor manufactured ou'i
    of ethyl/methyl alcohol, it would have a very adverse effect on
D   the body and can cause death or bodily injury as is likely to
    cause death. In spite of the abundant materials placed by the
    prosecution and even after taking note of the fact that the
    samples sent to Forensic Science Laboratory (FSL) for
    analysis confirmed the presence of methanol and ethanol and
E   also of the fact that A-2 has supplied those materials to A-1,
    the claim that he had no knowledge about all these aspects is
    unacceptable. Though the learned Single Judge of the High
    court perused and verified the expert opinion of the Medical
    Officer, the FSL report and noted that poisonous chemical is
F   found, after casually finding that there is no "meeting of mind"
    and "agreement for criminal conspiracy" accepted the case of
    A-2 and enlarged him on bail.

       22. The other reason given by the High Court is that the
G whole transaction in the said business of A-2 was looked after
  by his nephew and in view of the fact that he has already
  disposed of the petrol pump, concluded that prima facie
  ingredients of Sections 299 and 300(4) of IPC would not attract
  and enlarged him on bail after imposing certain conditions.

H
   RAVINDERSINGH@ RAVI PAVAR v. STATE OF                      1127
         GUJARAT [P. SATHASIVAM, J.]
     23. We have already noted that because of the conduct             A
of A-2 in supplying ethanol and methanol to A-1 for preparation
of spurious liquor, several casualties and injuries were resulted
and in view of the acceptable materials, we are unable to
accept the reasoning of the High Court. We are constrained to
observe that the High Court, in a casual way, has concluded            B
that since his business Was looked after by his nephew and he
also disposed of his petrol pump, A-2 cannot be blamed, which
according to us, is not a valid ground for enlarging him on bail.
      24. In para 5 of the rejoinder affidavit, the State has
highlighted that A-2 is a "habitual offender'' and there are 22        C
cases pending against him in various police stations. It is also
mentioned in the counter affidavit that during the period while
he was granted temporary bail by the High Court, he indulged
in an offence of theft and a case was registered against him
vide 1-C.R. No. 92 of 2011 under Section 379 of IPC by the             D
Vasad Police Station for which he was arrested on 10.08.2011
and later enlarged on bail. It is also brought to our notice that
the respondent A-2, while on regular bail, was arrested on
13.09.2012 in Vadodara city in connection with Javaharnagar
Police Station crime registered vide 1-C.R. No. 94 of 2012 under       E
Sections 407, 408 and 1208 and later on he was released on
bail.
      25. Taking note of all these aspects, his antecedents, the
gravity and nature of offence, loss of human lives, the impact
on the social fabric of the society, his continuous involvement        F
in criminal activities while on bail, we are satisfied that
respondent (A-2) does not deserve to continue to remain on
bail.
    26. In a State having prohibition policy, supply of raw
material for liquor, its production and distribution are illegal and   G
A-2 has supplied those poisonous chemicals such as ethyl and
methyl alcohol to A-1 for the manufacture of spurious country
made liquor. It is a matter of common knowledge that if any one
consumes liquor manufactured out of ethyl/methyl alcohol, it
                                                                       H
    1128      SUPREME COURT REPORTS                   [2013] 1 S.C.R.

A would have very adverse effect on the body which can cause
  death or bodily injury as is likely to cause death.
       27. Under these circumstances, considering the nature of
  the offence and the manner in which A-2 supplied those
  poisonous chemicals despite having full knowledge about its
B consequences, we are satisfied that the respondent (A-2) does
  not deserve liberty of remaining on bail. Accordingly, the
  judgment and order dated 29.09.2011 passed by the High
  Court in Criminal Misc. Application Nos. 12384 and 12385 of
  2011 is set aside. The respondent (A-2) is directed to
C surrender before the court concerned within a period of two
  weeks from today, failing which, necessary steps be taken for
  his arrest in order to put him in jail.
       28. It is unfortunate to note that in a State like Gujarat,
  which strictly prohibits the use of alcohol in any form whatsoever,
D the accused caused death and injuries to several persons by
  supplying spurious country-made liquor. Taking a serious view
  of the matter, the complexity of the crime, the role played by
  accused persons as well as the number of casualties, we are
  of the view that it is not a fit case for grant of bail.
E
        29. In the light of the above discussion, the appeal of the
  accused-Ravinder Singh @ Ravi Pavar is dismissed. We direct
  the trial Judge to proceed with the trial on day to day basis
  avoiding unnecessary adjournments. It is made clear that if the
F trial continues beyond one year from today, they are free to file
  fresh apP.lication before the trial Court. In that event, it is for the
  concerned court to dispose of the bail application on merits. It
  is made clear that whatever observations made above are only
  for the purpose of disposal of the bail application. It is for the
  trial Court to decide on the basis of the materials placed before
G it in accordance with law.
        30. The appeal of Ravindersingh @ Ravi Pavar (A-11) is
    dismissed and the appeals filed by the State are allowed.

H R.P.                                         Appeals disposed by.