Team Goemkarponn
PANAJI: The Bombay High Court on Tuesday cancelled the bail granted to Birch by Romeo Lane co-owners Saurabh Luthra, Gaurav Luthra and Agay Gupta in connection with the Arpora nightclub fire that claimed 25 lives last December.
Justice Neela Gokhale directed the three accused to surrender within two weeks. At the same time, the court allowed them to seek bail again and directed the trial court to decide any fresh bail applications within two weeks of their filing.
The State had approached the High Court challenging the bail orders issued by the lower court in two related matters — the nightclub fire case registered by Anjuna Police and a forgery case registered by Mapusa Police over an alleged forged health NOC used for obtaining an excise licence.
The detailed reasons behind the High Court’s decision are expected to be released in the court’s order.
During arguments, the prosecution highlighted the conduct of the accused following the fire. It submitted that the Luthra brothers travelled to Phuket after the incident, while Gupta left for Delhi the following day instead of remaining at the site to assist those affected.
The prosecution further alleged that Gupta switched off his mobile phone after reaching Delhi and used his driver’s phone, before being traced after he was admitted to a hospital.
The State also pointed to alleged major safety deficiencies at the nightclub. According to the prosecution, the premises lacked essential fire-safety systems, including adequate firefighting equipment, fire alarms and smoke detectors.
Investigators also allegedly found that the structure was unauthorised and located on a salt pan without the necessary technical clearance. The prosecution claimed that one exit was locked and that there was no proper emergency exit despite the venue having a stated capacity of 150 people.
The Fire Services Department reportedly informed investigators that the establishment had never applied for a fire NOC.
The defence disputed these allegations and attributed the blaze to cold pyrotechnics used by an event company. The accused also questioned why those allegedly responsible for handling the pyrotechnics had not been arrested.
Their lawyers maintained that cold pyrotechnics had previously been used at the venue without any incident and submitted invoices relating to the purchase and refilling of fire extinguishers.
Gupta had secured bail in the forgery case on February 7 and in the fire case on March 23. The Luthra brothers were granted bail in the fire case on April 1 and subsequently in the forgery case on April 8.
While granting bail earlier, the lower court had considered the period of custody and the likely delay in completing the trial. It had also observed that the chargesheet was extensive, running into more than 4,000 pages, with 306 witnesses and 13 accused.
The prosecution, however, opposed bail by stressing the seriousness of the allegations, the loss of 25 lives and the possibility of the accused influencing witnesses, many of whom are employees of the nightclub.
With the High Court now cancelling their bail, the three accused have been given two weeks to surrender and may thereafter pursue fresh bail applications before the appropriate court.
