Gadoli ‘fake’ encounter case: HC grants bail to accused, says in jail for 7 years, trial not likely to end soon

The Mumbai Police had booked Pahuja, who was accompanying the gangster, claiming that she passed on the whereabouts of Gadoli to Haryana Police officers through her mother. Pahuja and her mother are facing charges of murder and criminal conspiracy.

A single-judge bench of Justice Prakash D Naik, in his verdict of June 20, a copy of which was made available Wednesday, said,

“The applicant is a woman and she is in custody almost for a period of about 7 years and there is no likelihood of trial getting over within a short span of time… Considering all factual aspects, she can be granted bail on certain conditions.”

Pahuja had filed an application seeking bail in a case registered with MIDC Police station, subsequently investigated by the Crime Branch, Special Investigation Team (SIT).

Pahuja was arrested on July 14, 2016.

Pahuja’s first bail plea was rejected by the HC on February 8, 2019 and second bail plea was rejected on February 24, 2021.
However, the trial court was asked to give priority to the case and proceed with trial in an expeditious manner.

Advocate Sana Raees Khan representing Pahuja submitted that as the applicant is in custody for six years and eleven months, her long incarceration in custody affected her fundamental right of personal liberty under Article 21 of Constitution. She added that prosecution so far has examined merely one out of total 171 witnesses and it was not clear as to how much time it would take to conclude the trial and that the applicant had not caused delay in trial.

Khan further argued that the applicant’s co-accused, including her mother Sonia Pahuja were granted bail by the High Court, therefore Divya should be released on parity.

However, Special Public Prosecutor Amin Solkar, representing the state government, opposed the plea and submitted that previous bail applications by the applicant were rejected by the HC on merits and there was no chance in circumstances to entertain present bail plea.

He added that all accused are acting in connivance to delay trial in which they are charged with serious offences and sufficient evidence is produced against the applicant.

Justice Naik observed, “The prosecution would not examine all the witnesses but even if half the witnesses are examined it would take substantial time to conclude trial… It cannot be said that the applicant is responsible for prolonging the trial for a period of about 7 years.”

It directed that Pahuja be released on bail on furnishing personal bond of Rs 1 lakh along with sureties of like amount and shall report to local police station near her residence once in a month.

The HC also directed her to attend trial court hearings and also asked her to submit her permanent residential and contact details to the trial court.

Pahuja is asked not to leave India without permission of the trial court and is directed to deposit her passport with the trial court.