This decision by the bench of Justices Revati Mohite Dere and Gauri Godse comes after the trial court’s acquittal of Sharma in July 2013, where 21, including 12 police personnel, were convicted for abetting the encounter. The Special Investigation Team (SIT) concluded that Sharma orchestrated the encounter. On November 11, 2006, Lakhan Bhayya was allegedly kidnapped from Vashi and killed in a fake encounter near Nana Nani Park in Versova. It was alleged that Sharma fired the fatal shots during the staged encounter, with ballistic reports supporting this claim.  Sharma was purportedly leading an illegal squad. The HC reserved its order last November after continuous hearings spanning close to five months. It sharply criticised the trial judge’s acquittal decision, deeming it “perverse” and “unsustainable,” emphasising that all circumstances pointed towards Sharma’s guilt.

The court quoted in its order, “All the aforesaid circumstances have been ignored and clearly overlooked by the trial Court...having regard to the overwhelming evidence adduced by the prosecution.” The court also highlighted other overlooked evidence, such as Sharma’s mobile phone usage, his continuous contact with co-accused, and the disclosure made by Anil Bheda to his wife Aruna Bheda. The court expressed profound dismay over the gruesome death of star witness Anil Bheda just days before his scheduled deposition in 2011, terming it a “shame” and a “travesty of justice.” Despite Bheda’s brutal demise, no perpetrators have been held accountable to date. The court expressed hope that those responsible for Bheda’s murder would be brought to justice.

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The case

The case revolves around the staged encounter killing of Vashi resident Ramnarayan Gupta alias Lakhan Bhayya in Versova near Nana-Nani Park on November 11, 2006. Sharma, a former senior inspector, allegedly orchestrated the encounter, conspiring with Lakhan Bhayya’s disgruntled business partner. However, in July 2013, Sharma was acquitted by the trial court, and 21 other accused were convicted. Lakhan Bhayya’s brother Ramprasad Gupta played an important role in bringing the murderers of his brother to face the law, assisting the prosecution and filing an appeal before the HC against Sharma’s acquittal by the trial court.

Who is Pradeep Sharma?

Pradeep Sharma, a 1983 batch officer of the Maharashtra police force, gained notoriety for his involvement in 113 encounter killings throughout his career. In August 2008, he was dismissed from service due to alleged connections with Dawood Ibrahim. He was acquitted in 2013 and reinstated in the force in 2017 and headed the Thane police’s anti-extortion cell. However, he resigned from the force in 2019 and contested elections on a Shiv Sena ticket from Nalasopara, unsuccessfully. He was later arrested in the Antilia bomb scare case and murder case of Thane businessman Mansukh Hiran. He was granted bail by Supreme Court last year.

2006
Year fake encounter was carried out