Bombay High Court Rejects Plea for Additional Evidence in Notorious Navi Mumbai Builder Murder Case
The Bombay High Court has rejected a plea for the submission of additional evidence in the high-profile murder case of prominent Navi Mumbai builder, Sunil Kumar Loharia. Sandeep Loharia, the deceased builder’s son, had filed the plea seeking to introduce audio/video clips and documents as additional evidence against some of the accused. However, the court dismissed the plea primarily on the grounds of delay.
Sunil Kumar Loharia was gunned down outside his office in Vashi on February 16, 2013. The Navi Mumbai police crime branch, which conducted the investigation, arrested all 13 individuals allegedly involved in the murder, including rival builders, a retired police officer, and his alleged henchmen. The trial began in October 2017 after the crime branch filed a chargesheet against the accused in October 2013.
In 2019, the prosecution filed an application to adduce additional evidence, including audio/video clips of the deceased builder’s conversations with one of the prime accused in the case, Anurag Garg. The application also sought to introduce documents detailing sale-purchase transactions of plots in Nerul and Panvel. However, the Thane sessions court, where the trial is being conducted, rejected the plea on May 5, 2021.
Sandeep Loharia, dissatisfied with the trial court’s decision, approached the Bombay High Court challenging the order and requesting permission for the prosecution to present the additional evidence. Unfortunately for Sandeep, his plea was rejected by a single-judge bench of Justice Anuja Prabhudessai, primarily due to the delay in submitting the evidence.
The court emphasized the need for expeditious and fair investigation in conformity with constitutional mandates. While it acknowledged the investigating agency’s powers to record supplementary statements and conduct effective investigations, the court stressed that subjecting the accused to endless investigation in a piecemeal manner does not align with the rule of law.
Highlighting the chronology of events in the Loharia murder case, the court mentioned that the charge was framed on October 30, 2017, and the testimony of the first witness was recorded on December 7, 2018. Some of the accused have been in custody for over eight years, and the prosecution intends to examine approximately 70 out of the 199 witnesses listed in the chargesheet. Testimonies of 63 witnesses have already been recorded and cross-examined by the defense lawyers.
Considering the advanced stage of the trial and the disclosure of the accused’s defense, the court deemed it unfair and prejudicial to allow the prosecution to introduce additional evidence at this late stage. The refusal to admit the supplementary evidence could potentially affect the accused’s rights and hinder the trial process.
The rejection of Sandeep Loharia’s plea by the Bombay High Court signifies the court’s commitment to maintaining the integrity of the trial and upholding the principles of fair investigation and due process. The decision highlights the importance of timely submission of evidence and ensuring a balanced legal framework for both the prosecution and the defense in such high-profile criminal cases. With this latest development, the trial will continue without the inclusion of the additional evidence sought by the prosecution.
