May 11th 2024.
The Supreme Court recently made a significant decision by granting bail to Pradeep Sharma, a former Mumbai Police officer who was sentenced to life imprisonment in the 2006 fake encounter killing case of gangster Ramnarayan Gupta, also known as Lakkhan Bhaiya. The bench, consisting of Justices Hrishikesh Roy and Prashant Kumar Mishra, took into account the submission of the Maharashtra government's lawyer, who had no objections to Sharma being granted bail. Sharma was represented by senior advocates Mukul Rohatgi and Sidharth Luthra, while the complainant was represented by senior advocate R Basant, who opposed Sharma's bail application.
Previously, on April 8, the top court had ordered that Sharma need not surrender until further notice, as he awaited the life sentence awarded to him in the case. During the hearing of Sharma's appeal against the Bombay High Court's March 19 verdict, the bench stated, "It is a unique case where the appellant has filed an appeal against his own conviction. The appeal is admitted for hearing, and a notice has been issued regarding the bail plea. The high court had ordered him to surrender within three weeks, but until the next hearing, he is not required to do so."
Sharma was part of a notorious team of Mumbai police officers, including Daya Nayak, Vijay Salaskar, and Ravindra Angre, who were known for their brutal methods in dealing with the city's underworld in the 1990s and 2000s. They were responsible for numerous encounters with alleged criminals, and Sharma himself was involved in the killing of Ramnarayan Gupta, who was said to be a close associate of gangster Chhota Rajan. However, the high court upheld the conviction and life sentence of 13 other accused individuals, including 12 former policemen and a civilian on March 19.
The court emphasized that law enforcers should not be allowed to act as criminals in uniform, as it would lead to chaos. It also noted that the prosecution had presented convincing evidence to prove that Gupta was abducted, wrongfully confined, and killed in a fake encounter. The 2013 judgement of a sessions court, which acquitted Sharma due to a lack of evidence, was deemed "perverse and unsustainable." The high court convicted Sharma of all charges, including criminal conspiracy, murder, kidnapping, and wrongful confinement, and sentenced him to life imprisonment.
Sharma is also facing charges in the killing of Mansukh Hiren, who was found dead in a creek off a Mumbai suburb a few days after reporting to the police that the SUV used in the Antilia bomb scare case had been stolen from him. Hiren's death is being investigated by the state CID. The court also mentioned that Sharma's associate Anil Bheda, who was released from custody in 2006, was allegedly abducted and killed in 2011, just days before he was supposed to testify in court. The CID has yet to conclude this investigation and find the perpetrators, according to the high court.
Initially, 22 individuals, including 13 policemen, were charged in the fake encounter killing of Ramnarayan Gupta. After a trial, the sessions court found 21 of the accused guilty and sentenced them to life imprisonment, with two of them passing away while in custody. The convicted individuals filed appeals in the high court, while Gupta's brother, Ramprasad, filed an appeal against Sharma's acquittal. The decision made by the Supreme Court to grant bail to Sharma has brought much-needed relief to him and his legal team, who can now focus on the appeals process.
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