Urgent : SC Defers Mahanta Bail to Oct 5 in Zubeen Garg Death Case

The Supreme Court on Monday, August 17, deferred the bail petition of Shyamkanu Mahanta, a key accused in the death of Assam singer Zubeen Garg, and scheduled the matter for further hearing on October 5 in Special Leave Petition (Criminal) No. 11523/2026. A Bench of Justices B.V. Nagarathna and R. Mahadevan asked the Assam government to ensure an expeditious trial and said it would review progress when the case returns to court. “The prosecution shall be diligent in prosecuting this case,” the court ordered orally.

Advocate General Devajit Saikia told the Bench that the trial is proceeding day-to-day and that crucial witnesses are expected to be examined in the coming weeks. The state told the court that, as of August 14, 94 of the 394 witnesses listed in the case had recorded statements. The prosecution also said key witnesses in Singapore have already given statements to the investigating officer and that their testimonies are likely to be recorded in the next two to three weeks.

Senior advocate Siddharth Dave, representing Mahanta, argued that Garg voluntarily entered the sea and that Mahanta was not present at the spot when the incident occurred. Dave noted that only 94 of 394 witnesses have been examined so far and said multiple FIRs had been clubbed together, according to Bar & Bench.

He further told the court that Singapore authorities, after a post-mortem, concluded Garg died by drowning, adding, “There is no murder,” as reported by the website. Dave challenged the prosecution’s claims of a criminal conspiracy involving Mahanta and disputed allegations that Mahanta failed to look after Garg or provided him alcohol.

The Assam government maintained that Garg’s death was not accidental. Saikia alleged Mahanta had arranged women and supplied alcohol to Garg before the incident and further claimed Mahanta pressured the artiste to travel to Singapore by threatening suicide if he refused. “There is a conspiracy involved,” Saikia submitted.

With no interim relief granted, Mahanta will remain in judicial custody; his bail plea had earlier been rejected by the trial court and the Gauhati High Court before being taken to the Supreme Court. On the day of the hearing, Garg’s sister Pami Borthakur posted on social media questioning how the accused-named as Shyamkanu Mahanta and Siddhartha Sharma-are funding legal proceedings despite allegedly frozen bank accounts: “Who is providing them with legal and financial support? What forces are backing them?” The court will review developments when the case returns on October 5.