Today, 10th May, Former police officer Pradeep Sharma granted bail by the Supreme Court after Maharashtra raised no objections, in relation to a fake encounter case. This decision highlights legal proceedings surrounding alleged extrajudicial actions and law enforcement accountability in the state. Pradeep Sharma’s case adds to ongoing discussions regarding police conduct and the justice system’s response to such incidents.
New Delhi: In connection with a 2006 fake encounter case, the Supreme Court granted bail to Pradeep Sharma, a former police officer who had been convicted. The decision made by a Bench consisting of Justices Hrishikesh Roy and Prashant Kumar Mishra, following the Maharashtra government’s counsel stating that they had no objection to the grant of bail.
The court directed Sharma to surrender within a week before the Greater Mumbai sessions court in order to apply for bail, subject to specific terms and conditions. Sharma had been sentenced to life imprisonment by the Bombay High Court on March 19 after being convicted in the fake encounter case, which led to the present appeal.
The case originated from the killing of Ramnarayan Gupta, also known as Lakhan Bhaiya, who purportedly a member of Chhota Rajan’s gang. Gupta and his friend apprehended on November 11, 2006, in a suburb of Mumbai, and Gupta allegedly killed in a staged encounter on the same day. The case registered in 2009 after a special investigation team discovered that a rival party paid the police to eliminate Gupta. The formation of the SIT prompted by a High Court directive that ordered the registration of an FIR.
In July 2013, after a lengthy five-year trial, Sharma acquitted by a sessions court in Mumbai, while 21 individuals, including 13 police personnel, convicted. Among the convicted police officers, three found guilty of murder, while the remaining 18 convicted of abetment. Following the acquittal, the State government contested the decision in the High Court, arguing that the encounter had been staged. The convicted police officers also filed appeals challenging their convictions.
After a thorough hearing, the High Court ultimately sided with the State’s submissions and convicted Sharma. Additionally, it upheld the convictions of 12 other police officers and a civilian named Hitesh Solanki.
The panel of Judges, consisting of Justices Revati Mohite Dere and Gauri Godse, invalidated the previous decision made by the sessions court to acquit Sharma. They described the acquittal as “perverse” and “unsustainable,” and ordered the former police officer to surrender to the relevant sessions court within three weeks.
In April, the Supreme Court requested a response from the Maharashtra government regarding Sharma’s plea challenging his conviction and life sentence in the 2006 fake encounter case. The apex court also granted Sharma exemption from surrendering to authorities until further orders. Today, the Supreme Court granted bail to Sharma after the State agreed to the request for bail. Sharma represented by Senior Counsel Mukul Rohatgi and Sidharth Luthra.
Senior Advocate R Basant appeared on behalf of the deceased’s brother, while advocate Siddharth Dharmadhikari represented the State of Maharashtra.
Sharma garnered attention a couple of years ago when he arrested by the National Investigation Agency (NIA) in connection with the Antilia bomb threat and the related murder of businessman Mansukh Hiren in 2021.
In August 2023, the Supreme Court granted Sharma bail in that case as well.
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