Supreme Court Grants Bail to Deputy Fire Officer in Rajkot Accident Case After Extended Custody.
31 October 2025
Bail and Antcipatory Bail >> Criminal Law
In a recent judgment dated October 31, 2025, the Supreme Court of India granted bail to Bhikhabhai Jivabhai Theba, the Deputy Chief Fire Officer from Rajkot, Gujarat, who had been in custody for over sixteen months. The appeal arose from the Gujarat High Court's order dated March 20, 2025, which had earlier denied him bail in connection with a fatal fire incident that led to serious criminal charges.
The case is rooted in FIR No. 11208053240496 of 2024 lodged at Rajkot Taluka Police Station. The accusations include serious offenses under Sections 36, 304, 308, 337, 338, 465, 466, 471, 474, 201, and 120B of the Indian Penal Code, which invoke various charges, including culpable homicide, negligence, forgery, and criminal conspiracy.
A division bench headed by Justice Prashant Kumar Mishra and Justice Manmohan heard the matter. The counsel appearing for the appellant, during the course of hearing, urged that the appellant was a subordinate officer acting under the direction of the then District Chief Fire Officer, who had already been granted bail on July 16, 2025, in Criminal Appeal No. 3003 of 2025, by the Supreme Court. Further, it was submitted that the appellant had been in custody since June 22, 2024, and that the investigation was substantially complete.
After hearing both sides, the Supreme Court observed that the principle of parity applied in the present case, as the superior officer concerned had already been granted bail. Given the appellant’s subordinate position and the prolonged incarceration of over a year, the Court found no justification for continued detention.
The Bench directed, accordingly, that the appellant be released on bail, subject to such conditions as may be imposed by the trial court. It also made it clear that the State would be at liberty to move for cancellation of bail, if appellant failed to comply with any of the said conditions. The said order reflects a consistent judicial approach towards striking a balance between accountability and fairness in cases relating to administrative lapses leading to public tragedies. By emphasizing parity and proportionality in the bail jurisprudence, the Supreme Court ordered a reconfirmation that the bail ought not to be withheld as a punitive measure where the investigation has reached maturity and the role of the accused is secondary.