PANAJI: The Bombay high court on Tuesday cancelled bail granted to Birch by Romeo Lane co-owners Saurabh Luthra, Gaurav Luthra and Agay Gupta in the deadly night club fire at Arpora in which 25 persons died last December.Justice Neela Gokhale directed them to surrender within two weeks and also granted them liberty to file fresh bail applications.The HC has directed the trial court to decide their fresh bail applications if and when filed, within two weeks.The State had challenged the lower court’s orders granting bail to the three accused in both the fire incident registered by Anjuna police as well as in the connected FIR of forgery of a health NOC to obtain an excise license to run the club registered by Mapusa police.The HC’s detailed order with reasons for cancelling their bail will be uploaded later.The State had argued before the HC that the Luthras fled the country to Phuket while Gupta fled Goa to Delhi after the fire instead of visiting the site to assist victims.Gupta was in Goa during the fire and travelled to Delhi the next day, switched off his mobile and began using his driver’s mobile and was later tracked down after he got admitted at a hospital in Delhi, the prosecution had argued.It added that the club did not have fire safety, fire alarm, smoke detector or other fire fighting equipment and the complete lack of safety made the premises extremely vulnerable and unfit for the public.Investigations revealed the structure was illegal, in the middle of a salt pan without technical clearance where one exit was locked with no emergency exit made available for the premises with a capacity of 150 persons the prosecution had argued adding that fire services department stated that the establishment had never applied for a fire NOC which was corroborated by statements of other officers including its own staff.On the other hand, the accused had denied the prosecution’s case and said that the event company that used the cold pyro were responsible for the fire and never carried any fire fighting equipment.It was further argued that these event company people who were the ones playing with fire were never arrested.It was argued on behalf of accused that the cold pyro was used many times without any mishap and that fire extinguishers were bought and refilled with invoices to show for it.Gupta was granted bail in the forgery case on February 7 and in the fire incident on March 23 while the Luthra brothers were granted bail in the main fire incident on April 1 and in the forgery case on April 8.The lower court while granting the Luthra brothers bail in the fire incident on April 1 had observed that the offences of culpable homicide not amounting to murder and forgery don’t fall within the category of most heinous crimes such as murder where punishment may extend to death or mandatory life imprisonment.The court further observed that the Luthra brothers had been in custody since December 16 for more than three months, and stated that their prolonged incarceration without likelihood of early conclusion of trial would amount to pre-trial punishment.The court had held that culpable homicide not amounting to murder where there is no knowledge and no intention is of a comparatively lesser degree than offences involving intention to cause death.The Luthras are “not accused of an offence of the gravest nature, such as murder, and the allegations, at the highest, do not attribute any intention to cause death,” Additional sessions Judge- 1, North Goa, Mapusa- Dvijple V Patkar had stated.The court added that it had to balance the interest of society with the fundamental right to the Luthras’ personal liberty and pointed out that the chargesheet had been filed indicating conclusion of investigation.The trial is not likely to conclude in the near future considering the prevailing “docket explosion, the number of old cases, custody /undertrial prisoners’ cases, direction matters and nature of proceedings including the fact that the chargesheet is voluminous running into more than 4000 pages, comprising several documents, citing 306 witnesses, including outstation witnesses and arraigning 13 accused”, the court held.“Continued incarceration would thus be punitive, which is legally impermissible,” the court had stated.The Luthra brothers represented by advocate Parag Rao had told the court that no specific role in the commission of any of the alleged offences has been attributed to them in the chargesheet and that allegations were framed generically against the partners and managers.Anjuna police had objected to the bail considering the severity of punishment, scale of the incident and gravity of offence.Granting bail would shake the confidence of society in the criminal justice system the PI had stated.Public prosecutor J Santamaria objecting to their bail stated that they disregarded law and human life by fleeing from the country and that they are in a position of influence over their employees and witnesses.She argued that the offences against them are grave resulting in death of 25 innocent human lives where the material witnesses are all staff and employees of Birch.
