Goa Nightclub Fire Case: SC Upholds Bail Cancellation of 3 Accused, Orders Surrender Within 2 Weeks

The Bench of Justices Dipankar Datta and Sheel Nagu dismissed the pleas challenging the High Court’s decision and directed nightclub owners Saurabh Luthra and Gaurav Luthra, along with their business partner Ajay Gupta, to surrender within two weeks.

The Bench also directed the trial court to expedite the proceedings, particularly for the framing of charges.

The case arises from the December 6, 2025 fire at the Birch by Romeo Lane nightclub in Arpora, North Goa. The blaze killed 25 people and injured around 50 others.

Supreme Court declines to interfere

The accused had approached the Supreme Court challenging the Bombay High Court’s August 18 order cancelling the bail granted to them by the Sessions Court.

Senior Advocates Siddharth Dave, appearing for the Luthra brothers, and Shyam Divan, appearing for Gupta, argued against the cancellation of bail.

Dave submitted that there was no specific act attributable to the Luthra brothers that directly caused the deaths. He argued that Section 304 Part II of the IPC, concerning culpable homicide not amounting to murder, could not be applied in the circumstances. “There is no act of mine which has caused death,” Dave submitted, arguing that, at most, the prosecution could seek to establish an offence relating to death caused by negligence under Section 304A of the IPC.

He further argued that the prosecution would have to establish an act causing death for the offence of culpable homicide under Section 299 IPC to apply.

Dave also submitted that the concerns relied upon by the Bombay High Court while cancelling bail, including the absence of conditions requiring periodic attendance before investigating officers and restrictions on travel, could instead be addressed by imposing appropriate bail conditions. He said the Luthra brothers were not currently intending to travel.

The Supreme Court, however, declined to interfere. “Dismissed,” Justice Dipankar Datta said.

Two-week time to surrender

Following the dismissal of the pleas, Divan requested two weeks’ time for Gupta to surrender.

The Supreme Court granted the request and directed the three accused to surrender within two weeks from August 31. The Court also directed that the trial proceedings may be expedited for framing of charges.

Bombay High Court had cancelled bail

The Bombay High Court, on August 18, had set aside the Sessions Court’s decision granting bail to the three accused.

Justice Neela Gokhale held that the Sessions Court had failed to properly exercise its discretionary powers while considering the bail applications. The High Court also criticised the Sessions Court’s observation that the alleged offence was not as heinous as murder or dacoity.

According to the High Court, material collected during the investigation indicated that the nightclub was allegedly operating without the requisite licences and that the structure itself was unauthorised. The Court further noted allegations that the accused and their partners were aware of the risks associated with conducting fire-related displays inside the premises without adequate safety precautions.

The three accused were partners in M/s Being GS Hospitality Arpora LLP, which operated the Birch by Romeo Lane nightclub.

A Sessions Court had granted them bail in April 2026. The Goa Government subsequently challenged the bail order before the Bombay High Court, leading to its cancellation.

The Supreme Court’s August 31 order now leaves the Bombay High Court’s cancellation of bail undisturbed, while permitting the accused two weeks to surrender.