SC grants bail to 2020 murder accused from Ulhasnagar

On February 4 this year, the Bombay high court had denied bail to Deepak Gokalani, observing that there was circumstantial evidence against him and the trial was in progress

MUMBAI: The Supreme Court on Friday granted bail to an Ulhasnagar resident accused of murdering his debtor in 2020, saying that while he had been languishing in jail for over four-and-half years, there was little possibility of the trial concluding soon.

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The case dates to November 17, 2020, when the victim, Pawan Achhra, was reported missing by his father Kailash Achhra. When the police checked Pawan’s call records, they found that he had made a few calls to a certain Deepak Gokalani before he went missing. Accordingly, the police questioned Gokalani and learned that he had lent ₹3 lakh to Pawan Achhra, and the latter had threatened to leak Gokalani’s private video.

According to the first information report registered against Gokalani on November 19, he had killed Achhra between 9-10 pm on November 16. Gokalani was subsequently arrested and he approached the Bombay high court for bail.

On February 4 this year, a single judge bench of justice Shivkumar Dige denied bail to Gokalani, observing that there was circumstantial evidence against him and the trial was in progress. Gokalani then filed a special leave petition (SLP) in the Supreme Court through advocate Sana Raees Khan, challenging the high court order. Before the apex court, his counsel argued that he had been behind bars for more than four years and six months while the trial had not progressed.

The prosecution’s case was solely based on circumstantial evidence and the DNA of deceased was not taken to ascertain his identity, advocate Khan told the court.

“There are 95 witnesses enlisted in the charge sheet but not even one has been examined. Moreover, the other co-accused have been admitted to bail,” she said.

A state counsel opposed the plea, submitting that there was a strong prima facie case against Gokalani as the entire chain of circumstances pointed towards his guilt. There was also clinching evidence in the form of CCTV footage, which showed he was in close proximity of the crime spot on November 16, 2020, where Achhra was last seen alive, the counsel said.

After hearing both sides, the division bench of justices Manoj Misra and Prasanna B Varale set aside the high court order and granted bail to Gokalani.

“While bearing in mind that there is no likelihood of the trial being concluded in the near future, we are of the view that the appellant is entitled to be released on bail,” the bench said.

The court refused to express any opinion on the merits of the case and said the bail conditions would be determined by the trial court.