Bombay HC grants bail to accused in 2011 Kurar quadruple murder case; cites limited role, delay in trial – Times of India

MUMBAI: An accused in the 2011 Kurar quadruple murder case, behind bars for a decade, was granted bail by Bombay high court on March 28 on a bail amount of Rs 1 lakh.
Granting bail to accused Hemant Gupta, Justice Anuja Prabhudessai cited his limited role, prolonged incarceration and delay in completion of trial as reasons to release him.
The crime was unearthed on June 6, 2011, when partially burnt bodies of the four youth –all in their 20s– were found in an abandoned hilly locality of Appa Pada area near Kurar village. Gupta was arrested on June 8, 2011. The charge sheet was filed in September 2011.
The court heard Gupta’s lawyer and additional public prosecutor Sharmila Kaushik who opposed any relief, and said a report was called from the Sessions Court over the delay in disposing of the case of expediting the trial despite direction in 2017.
The report indicated that so far 24 witnesses are examined and 17 to 18 witnesses are yet to be examined.
“There is no material on record to prima facie indicate that he (Gupta) was involved in committing murder or that he had knowledge that the four captives were abducted for causing their death,” said the order, “On the contrary,… the evidence of the approver reveals that decision to take the four captives to the Appa Pada Forest and to kill them was taken only after this Applicant had left the place at Shivalaya Temple.”
“Prima facie he was not a party to a criminal conspiracy to cause the death of these captives,” said the HC.
Reasons for the delay included length of examination and cross-examination of witnesses and the Covid-19 pandemic and lockdown restrictions and the Sessions Judge sought a year more to conclude the trial.
The HC said it was a “fit case’’ for bail having considered the role attributed to Gupta of abducting and also the fact that he is in custody for over 10 years and that the trial has still a year to conclude.