The Supreme Courtroom right now(August 31) refused to intervene with the Bombay High Court’s order cancelling bail granted to Saurabh Luthra, Gaurav Luthra and Ajay Gupta, the co-owners of the Birch by Romeo Lane, a nightclub in North Goa’s Arpora space, which was engulfed in a large fireplace, killing 25 individuals.
It might be recalled that on August 18, a single decide, Justice Neela Gokhale, cancelled the grant granted to the trio, observing that the Classes Courtroom did not correctly train its discretionary powers. The Courtroom directed them to give up inside 2 weeks.
This order was upheld by a bench comprising Justice Dipankar Datta and Justice Sheel Nagu right now after briefly listening to Senior Advocates Siddharth Dave(for Luthra brothers) and Shyam Divan(for Ajay Gupta).
Dave submitted that there is no such thing as a act on the a part of the Luthra brothers which led to the killings. He stated: “Part 304, Half II [of the Indian Penal Code] is wholly and might by no means be utilized to this case. There is no such thing as a act of mine which has induced dying. Most, if the prosecution desires to achieve this case, then underneath Part 304A(inflicting dying by negligence), as a result of it means negligence which might additionally require an act however assuming you did not due care, that you’ve got reckless disregard for the results. “
As per Dave’s arguments, for the offence underneath Part 299 IPC(culpable murder) to use, there should be an act on the a part of the accused which has induced the dying. He stated the prosecution can at most convey dwelling the case for dying by negligence, the punishment of which has been enhanced to five years underneath the Bharatiya Nyaya Sanhita, 2024.
He additional submitted that the Excessive Courtroom, whereas cancelling the bail, thought-about that the Classes Courtroom did not direct periodic attendance of the accused individuals earlier than the Investigating Officers and the course to hunt the Courtroom’s permission whereas travelling inside India. Dave remarked that if these situations weighed with the Excessive Courtroom, they may very nicely be imposed now.
He added that the Luthra brothers are usually not desirous of travelling proper now.
Nevertheless, the Courtroom refused to entertain. Justice Datta stated: “Dismissed.”
Divan then requested if two weeks might be granted to give up, which the Courtroom allowed from right now. It additionally directed that the trial could also be expedited for the framing of costs.
Case Particulars: GAURAV LUTHRA Vs THE STATE OF GOA|SLP(Crl) No. 15665/2026 Diary No. 50907 / 2026| SAURABH LUTHRA Vs THE STATE OF GOA|Related SLP(Crl) No. 15656/2026 Diary No. 50914 / 2026|AJAY GUPTA Vs STATE OF GOA, SLP(Crl) No. 15634/2026 Diary No. 50893 / 2026
