Supreme Court grants bail to former Rajkot town planning officer in TRP Game Zone Fire case that left 27 dead

In its order on Tuesday, the SC bench of Justice Manoj Misra and Justice Joymala Bagchi set aside the January order of the Gujarat High Court that rejected the bail plea moved by Sagathiya. He had approached the Supreme Court following the January 30, 2025, order of the HC, which rejected his bail plea in connection with the FIR lodged in Rajkot.

The SC order considered the submission of Sagathiya’s counsel that the allegation against him that “he did not ensure removal of unauthorised construction and that he fabricated records relating to the receipt of regularisation application…” are “not correct and even assuming that those allegations may have some substance, an offence punishable under Section 304 IPC (culpable homicide not amounting to murder) cannot be made out…”

The order noted that Sagathiya’s counsel also submitted that he has been in jail pending trial since May 30, 2024, and has “no previous criminal antecedents” and thus, “no possibility that he would misuse his liberty of bail, if released”.

The court noted that the counsel for the respondent (State of Gujarat) had opposed Sagathiya’s bail plea but “could not dispute that (Sagathiya) was implicated in the capacity of an officer employed with the Municipal Corporation and that he has already suffered, pending trial, incarceration since May 30, 2024.”
Additional Solicitor General SV Raju represented the Gujarat government.

Granting bail to Sagathiya, the court said, “Having regard to the nature of the allegations qua the Appellant as also that Appellant has suffered, pending trial, incarceration since May 30, 2024, we are of the view that Appellant has made out a case for being released on bail. The appeal is accordingly allowed. The order of the High Court rejecting the bail prayer of the appellant is set aside. The appellant shall be released on bail on such terms and conditions as the trial court may deem fit to impose in the facts and circumstances of the case…”

In July, the SC had granted bail to Chief Fire Officer Ilesh Kher. The same month, the Rajkot Additional Sessions Judge D S Singh had framed charges against the 15 accused, who have been booked and arrested in the case. These include TRP Gamezone operator Dhaval Corporation’s proprietor Dhaval Bharat Thakkar; Raceway Enterprise partners Ashoksinh Jadeja, Kiritsinh Jadeja, Yuvrajsinh Solanki and Rahul Rathod; Gamezone Manager Nitin Mahavirprasad as well as officials of RMC including Sagathiya; Assistant TPOs (ATPO) Gautam Joshi and Mukesh Makwana; Former Station Officer of Kalawad Road Fire Station Rohit Vigora; former ATPO Rajesh Makwana; former Assistant Engineer Jaideep Chaudhary; Chief Fire Officer Kher; Deputy Chief Fire Officer Bhikha Theba, and the Fabrication contractor of the Gamezone, Mahesh Amrut Rathod.

Of these, Joshi, Mukesh Makwana, Chaudhary, Rajesh Makwana and Kher are out on bail.

One of the Raceway Enterprise partners, who was also booked in the case, Prakash Hiran, was among the deceased in the fire tragedy.

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