High Court overturns sessions court's decision, citing gravity of offense and procedural lapses
In a significant legal development, the Bombay High Court (Goa Bench) has quashed the bail order granted to Mr. Saurabh Luthra, a key partner in 'Being GS Hospitality LLP,' involved in the tragic fire incident at 'Birch by Romeo Lane' restaurant in Goa. The fire, which occurred on December 6, 2025, resulted in the tragic deaths of 25 individuals and numerous injuries, due to alleged gross negligence and safety violations.
The judgment, delivered by Dr. Neela Gokhale, J., highlighted the grave nature of the incident, where the restaurant operated without necessary fire safety measures, proper ventilation, or emergency exits. The court noted that the establishment was running on forged documents and lacked essential permissions, contributing to the severity of the disaster.
The High Court criticized the Additional Sessions Judge-I, North Goa, for granting bail based on the filing of the charge sheet as a changed circumstance, without substantial evaluation of the evidence. The court emphasized that the mere filing of a charge sheet does not justify bail if the gravity of the offense and material evidence are overlooked.
The judgment stressed the importance of considering the seriousness of the allegations, the accused's role, and the risk of witness tampering. The court found that the Sessions Court failed to appreciate the enormity of the offense, which involved deliberate violations of statutory safety norms, endangering public safety.
Furthermore, the High Court pointed out the Respondent's conduct, including fleeing the country after the incident, which undermined claims of non-flight risk. The decision also critiqued the Sessions Court's reliance on parity with co-accused without independent evaluation of Mr. Luthra's specific role.
The High Court's decision mandates Mr. Luthra to surrender within two weeks and allows him the liberty to apply for bail afresh, subject to a detailed examination of the investigation materials by the trial court. The ruling underscores the judiciary's commitment to ensuring justice in cases of serious criminal negligence impacting public safety.
Bottom Line :
Bail granted by the Sessions Court can be reversed by the High Court if the order granting bail is found to be perverse, lacking application of mind, or based on extraneous considerations.
Statutory provision(s): Criminal Procedure Code, 1973 Section 439, Bharatiya Nyaya Sanhita, 2023 Sections 105, 125, 338, 336(3), 340(2), 3(7), 61(2), 483(3)
State of Goa v. Saurabh Luthra, (Bombay)(Goa Bench) : Law Finder Doc id # 2963328
