New Delhi: The Supreme Court has directed Mumbai's encounter specialist, ex cop Pradeep Sharma, convicted in a 2006 fake encounter case, to first surrender to the process of law, to get bail during the pendency of his appeal against the Bombay High Court's order of reversing his acquittal in the matter.
A bench of Justices Hrishikesh Roy and Prashant Kumar Mishra said his bail is being considered as it is not opposed by the prosecution on the ground that he has remained on bail during the pendency of the matter before the High Court.
After hearing senior advocate Sidharth Luthra for Sharma, the bench said, "Now that the appeal is being entertained under the provisions of Section 379 CrPC read with the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 and taking note of the fact that the appellant was on bail during the proceedings before the High Court, and his bail is not opposed by the public prosecutor, his bail is being considered."
For this, the bench said, the appellant should first surrender to the process of law since the acquittal order passed in his favour was reversed by the High Court on March 19, 2024.
The court, in its order on May 10, ordered the appellant to surrender within seven days before the Trial Court, Greater Mumbai, which should grant him bail on such terms as may be considered appropriate. It also directed for the production of trial court records for consideration of the appeal.
The matter is related to an alleged fake encounter of gangster Chotta Rajan’s aide Ramnarayan Gupta, aka Lakhan Bhaiya, in November 2006.
The FIR was registered at the Varsova Police Station in 2009.
The trial court had on July 12, 2013 acquitted the appellant. It had, however, convicted 21 others and awarded them life term. The High Court, on appeal, acquitted six of them and convicted Sharma in the case.
Published 12 May 2024, 08:42 IST
