In a significant development, the Bombay High Court has granted bail to Divya Pahuja, a former model and one of the accused in the case related to the alleged fake encounter of gangster Sandeep Gadoli.
Divya Pahuja had been in custody for nearly seven years, and the court cited the prolonged duration of the trial as a factor in granting bail.
The case dates back to February 6, 2016, when Sandeep Gadoli was allegedly killed in a fake encounter at a hotel near Mumbai's Chhatrapati Shivaji Maharaj International Airport. Divya Pahuja, her mother Sonia, and several police personnel were among those booked for the murder, facing charges of murder and criminal conspiracy.
Justice PD Naik, while granting bail on June 20, emphasized that there was no likelihood of the trial concluding in the near future. The court took into consideration the substantial time Divya Pahuja had already spent in custody and decided to grant her bail under certain conditions.
Divya Pahuja had filed an application seeking bail, highlighting the prolonged incarceration and the impact on her fundamental right to personal liberty. Her counsel argued that the trial had not made significant progress, with only one witness examined out of a total of 171. They also pointed out that previous bail pleas were rejected on merit and urged the court to consider the parity with co-accused who were granted bail earlier.
The special public prosecutor representing the state government opposed the bail plea, claiming that the accused were involved in a conspiracy to delay the trial. However, the court observed that the delay could not be solely attributed to Divya Pahuja and that even examining half of the witnesses would require a substantial amount of time.
As part of the bail conditions, Divya Pahuja was directed to furnish a personal bond of Rs 1 lakh and provide sureties of the same amount. She is required to report to the local police station near her residence once a month and attend the trial court hearings. The court also instructed her to submit her permanent residential and contact details to the trial court.
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