Mapusa Court Grants Bail to Luthra Brothers in Arpora Fire Tragedy, Highlights Lesser Offence Category
A Mapusa court in North Goa has granted bail to Gaurav Luthra, 44, and Saurav Luthra, 40, the owners of Birch by Romeo Lane, in connection with the devastating fire at their nightclub in Arpora last December, which claimed the lives of 25 individuals. The court observed that the offences of culpable homicide not amounting to murder do not fall within the most heinous crime categories, such as murder, where punishments can include death or mandatory life imprisonment.
Court Balances Societal Interest with Personal Liberty
In its order, Additional Sessions Judge Dvijple V Patkar emphasized the need to balance societal interests with the fundamental right to personal liberty. The court noted that the Luthra brothers have been in custody since December 16, over three months, and prolonged incarceration without a likely early trial conclusion would amount to pretrial punishment. The chargesheet has been filed, indicating the investigation is complete, but the case remains at an initial stage.
The court highlighted that the trial is not expected to conclude soon due to factors like docket explosion, numerous old cases, and the complexity of proceedings. The chargesheet runs into more than 4,000 pages, includes several documents, cites 306 witnesses—many from outstation—and involves 13 accused persons. "Continued incarceration would thus be punitive, which is legally impermissible," the court stated.
Defense and Prosecution Arguments in the Bail Hearing
Represented by advocate Parag Rao, the Luthra brothers argued that no specific role in the alleged offences has been attributed to them in the chargesheet. Rao contended that the allegations are framed generically against partners and managers, lacking direct intent or knowledge to cause death.
However, the Anjuna police objected to the bail, citing the severity of punishment, the scale of the incident, and the gravity of the offence. They argued that granting bail could shake public confidence in the criminal justice system. Public prosecutor J Santamaria further objected, stating that the brothers disregarded the law and human life by fleeing the country and are in a position to influence employees and witnesses, all of whom are Birch employees.
Separate NOC Forgery Case Pending
In a related development, the Mapusa court has reserved its order for Wednesday in the bail applications of Gaurav and Saurav Luthra in a separate NOC forgery case registered by Mapusa police. Although granted bail in the main fire matter last week, the brothers were taken into custody again for this case, where bail has not yet been granted.
They are accused of using a fake No Objection Certificate from the Candolim health centre to operate the nightclub. Mapusa police filed a separate FIR based on a complaint from the health officer, alleging that unauthorised persons from Birch impersonated him, forged his signature, and made a fraudulent entry in the register to obtain the health NOC.
This case adds another layer to the legal challenges faced by the Luthra brothers, as they navigate multiple charges stemming from the tragic fire incident and associated allegations.
