Bombay High Court Grants Bail to Divya Ashok Pahuja in Fake Encounter Case After Almost 7 Years in Custody

In a recent Judgement , the Bombay High Court, in a judgment delivered by Justice Prakash D. Naik, granted bail to Divya Ashok Pahuja in a high-profile fake encounter case. The court observed, "An attempt has been made to strike a balance between the appellant's right to lead evidence of its choice and establish the charges beyond any doubt and simultaneously the respondent's rights guaranteed under Part III of our Constitution have been well protected."

Divya Ashok Pahuja, who has been in custody for nearly 7 years, had filed a bail application (No. 354 of 2023) in connection with the case registered under Sections 302, 193, 182, 201, and 34 of the Indian Penal Code, as well as Sections 325 and 327 of the Arms Act. The case pertains to a fake encounter involving the deceased Sandeep Gadoli.

The court considered various factors in its decision, including the prolonged period of incarceration, the lack of progress in the trial, and the fact that the applicant was a woman with no criminal antecedents. It noted that the applicant was in custody for a substantial period, having been arrested on July 14, 2016. The court further highlighted that despite previous orders to expedite the trial, there had been no significant progress.

Justice Naik also emphasized the importance of timely trials and the protection of personal liberty. The court referred to previous Supreme Court judgments that emphasized the need to balance the seriousness of charges with the period of custody and the likelihood of trial completion. It further underscored that the denial of speedy justice posed a threat to public confidence in the administration of justice.

Considering these factors, the court granted bail to Divya Ashok Pahuja, subject to certain conditions. These conditions include executing a personal recognizance bond of Rs. 1,00,000/- with sureties, reporting to the local police station once a month, attending court hearings regularly, providing contact details and a residential address to the trial court, not tampering with evidence, and not leaving the country without court permission.

This judgment by the Bombay High Court serves as a significant development in the case, bringing relief to Divya Ashok Pahuja after a prolonged period of incarceration. The decision underscores the importance of ensuring timely trials and protecting the rights of individuals held in custody, striking a balance between the gravity of charges and the period of custody.

Date of Decision: 20th June, 2023

Divya Ashok Pahuja   vs State Of Maharashtra