Lower court order on Goa club fire did not reveal enormity of offence: Why Bombay HC cancelled bail

The Bombay High Court in Goa has overturned bail granted to the owners and partners of Birch nightclub following a fire that killed 25 people in December 2022. The court criticized the Sessions Court's decision, stating it showed an "improper exercise of discretion" and did not reflect the "enormity of the offence." The High Court's Justice Dr. Neela Gokhale found that the Sessions Court had not adequately acknowledged the gravity of the crime.

It noted that the trio - Gaurav Luthra, Saurabh Luthra, and Ajay Gupta - had deliberately ignored safety norms, including operating the restaurant with unauthorised fireworks and lacking essential safety equipment. The court also highlighted the owners' attempt to conceal their actions, such as distorting their house number to obtain a trade license and forging a health NOC.

The High Court ruled that the Sessions Court's decision to grant bail based solely on the submission of the charge sheet was unsatisfactory. It argued that this approach overlooked the conduct of the accused and their complicity in the offence.