The Supreme Court on Thursday set aside a Bombay High Court judgement discharging Navi Mumbai builder Sumeet Bachewar from the 2013 murder of builder Sunil Kumar Loharia.
Order challenged
Mr. Bachewar, along with 13 others, was arrested in connection with the case by the Mumbai Police Crime Branch. He had filed an appeal with the Bombay High Court seeking a discharge from the case, which was granted on February 1, 2017. However, Loharia’s son Sandeep had subsequently filed a Special Leave Petition with the Supreme Court challenging the discharge order.
On Thursday morning, a Double Bench of Justice Rajan Gogoi and Justice Navin Sinha set aside the High Court judgement. It said that the dying declaration given by Loharia to his son Sandeep, along with the motive behind the crime, shows proof of Mr. Bachewar’s involvement in the murder,” Advocate Ameya Lambhate, who represented Mr. Sandeep, said.
The apex court had earlier this year, also set aside a similar High Court judgement discharging Bhupesh Gupta, another accused in the case. Mr. Sandeep had filed a simliar Special Leave Petition in connection with the judgement.
“Mr. Bachewar and Mr. Gupta were among the main accused who were working hand in glove with Suresh Bijlani, Anurag Garg and Emmanuel Amolik (others arrested in the case) in the plot to get my father killed,” Mr. Sandeep said.
Rivalry between builders
On February 16, 2013, Loharia was reaching his office in Vashi when he was allegedly gunned down by Venkatesh Shettiar and Wajid Qureshi. He was rushed to the Hiranandani Fortis Hospital in Vashi, where he gave an oral dying declaration to his son blaming Mr. Bijlani, his brother Mahesh, Mr. Garg, Mr. Gupta and Mr. Bachewar before succuming to injuries. Allegedly, Loharia was killed due to rivalry between him and the arrested builders. The Crime Branch filed a charge sheet against the accused in May 2013.