Sandeep Gadholi Alleged Fake Encounter: Bombay High Court Grants Bail To Ex-Model Divya Pahuja After Almost 7 Years

The Bombay High Court recently granted bail to ex-model Divya Pahuja, a prime accused in the alleged fake encounter of gangster Sandeep Gadholi in 2016.

Pahuja, who is booked for conspiracy along with policemen from Haryana is alleged to have provided Gadholi's whereabouts that led to his death. She was with him at the time of the incident.

Justice PD Naik considered Pahuja's prolonged incarceration of seven years and the fact that she was only 18 when arrested, to grant bail.

"The Applicant is a lady and she is in custody almost for a period about 7 years and there is no likelihood of trial getting over within short span of time. At the time of incident the Applicant was aged around 18 years. Considering all factual aspects, Applicant can be granted bail on certain conditions," the court observed.

The Crime Branch, SIT investigated the case and offences were registered under Sections 302, 193, 182, 201 r/wSection 34 of the IPC against Pahuja and others. This is Pahuja's third bail plea before the Bombay High Court.

Advocate Sana Raees Khan for Pahuja argued that she was just 18 years old at the time of her arrest and there was no progress in the trial.

"Long Incarceration in custody affects the fundamental right of the Applicant under Article 21 of the Constitution of India," it was argued.

Moreover, she had moved an application for expediting the trial which wasn't considered, Khan claimed.

"If the Trial ends in acquittal, the Prosecution will not be able to restore the number of years undergone by the Applicant as an undertrial," Khan argued.

The special Public Prosecutor cited a catena of judgements and stated there was no change in circumstance to entertain the bail application. The accused were making repeated applications to protract the trial. Moreover, the Haryana police took the custody of one of the accused that caused a considerable delay.

At the outset the court recorded that even if half the witnesses cited were examined the trial wouldn't be completed anytime soon. Moreover, Pahuja had not contributed to the delay in trial and it was the prosecution that sought time on multiple dates.

Case

On February 7, 2016 a team of Haryana police lead by sub-inspector Pradhyuman Yadav had killed Gadholi in an encounter at Hotel Airport Metro. Call records revealed that Pahuja, Gadholi's alleged girlfriend and an aspiring model had led the cops to him for a consideration.

Changes were framed in the case in November 2019 and one witness has been examined so far.

Case Details: Divya Ashok Pahuja Vs State Of Maharashtra [Criminal Bail Application No. 354 Of 2023]

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