Bail is Not Granted to Police Officer Responsible in Custodial Death by the Supreme Court

The Supreme Court refused to grant bail to Police officer, Jayendrasinh Anopsinh Padhiyar he was in charge of Mundra Police Station, under his keeping two detainees were found to be dead. Jayendrasinh Anopsinh Padhiyar preferred to appeal to the Supreme Court seeking bail on the ground that till now “No defect in my career so far, maximum it can be a case of delinquency but section 302 IPC does not attract against me”.

A Bench of two judges presided by Justice D.Y.Chandrachud and Justice Anirudha Bose, observing the case submitted that two custodial deaths occurred in your presence and one victim suffered a major injury.

Huzefa Ahmadi for Petitioner argued that  – “I was in charge of the concerned Police station. Maximum, there can be a case of delinquency but it is not a case made out under section 302.”

J. Anirudha Bose submitted that it happened under your custody and You arrested him without an arrest memo.

Hufeza Ahmadi put forth his contentions in his clarification that in his entire career, my career has remained unblemished.

Ld. Single Judge S.H.Vora came to the conclusion that as  ‘entire episode of the arrest of the victims with regard to the FIR lodged for the theft was a stage-managed episode in resolving the land dispute at the behest of one Mr. Jayveersinh Jadeja. Being in charge of
Mundra Police Station and he was fully aware that the victims are brought to the police station and kept inside the police station from 13.1.2021 till Mr. Arjan died on 19.1.2021 in Mundra Police Station.

Medical reports and postmortem reports indicate the extent of brutality being committed by all the accused persons by which, two persons were murdered and one had received serious injuries, observed by the Gujarat High Court.

Another view taken by Ld. Single Judge of Gujarat High Court regarding the indulgence of Petitioner was that inaction on the part of the Petitioner can never be considered to be negligence in discharging duties, but in fact, he allowed his subordinates to fulfill their common intention, maybe for the land dispute with private persons who are accused in the present offense.

AVERMENTS AGAINST PETITIONER AS MENTIONED IN IMPUGNED JUDGMENT DATED 28.01.2022–

Co-accused Mr. Jayveersinh Jadeja wanted to grab the land bearing revenue survey No.23/2 situated in the sim of village Samaghogha, which is owned by Gadhvi family and as deceased Mr. Harjog Gadhvi made an application to the Mamlatdar, Mundra with regard to the dispute of compensation amount for Narmada Canal, said co-accused Mr. Jayveersinh Jadeja having good terms with police personnel of D” staff of Mundra Police Station took advantage of the same and got booked the victims for the alleged offense of theft.

The High Court of Gujarat while dismissing his regular bail application filed under section 439 CrPC for the offenses involved under 302, 343,330, 331, 326, 212, 201, 34, and 114 of the IPC and u/s 135 of the G.P. Act, held that Petitioner is found to be direct abettor with other co-accused persons, under whose presence one victim received grievous injuries and other two custodial persons were found to be dead.

No leniency can be shown for this offense as this offense falls under  Part I of section 304 IPC  in view of exception 3 of section 300 of IPC, held by Ld. Single Judge S.H.Vora J, of Gujarat High Court.

The prosecution avers that on 13.1.2021, the first informant received a call from his relative namely Kheraj that Mr. Arjan Gadhvi was illegally picked up by certain police officers of Mundra Police Station and they had illegally confined him as a suspect in the crime registered with Mundra Police Station for the offenses punishable u/s 454, 457 and 380 of the IPC. The first informant visited Mundra Police Station on 16.1.2021 and said Mr. Arjan informed him that he has not committed any crime of theft and further, he had been brutally assaulted and tortured by three officers, namely Mr. Shaktisinh Gohil, Mr. Ashok Kannad and Mr. Jayendrasinh Zala. Thereafter, Mr. Harjog Gadhvi and Mr. Shamra Gadhvi were detained on 16.1.2021 in connection with the aforesaid offenses of theft, and while in illegal confinement, all the three victims were brutally assaulted and tortured and due to the same, Mr. Arjan developed chest pain and he was rushed to the hospital and was declared dead on 19.1.2021. Subsequently, Mr. Harjog Gadhvi and Mr. Shamra Gadhvi were admitted for medical treatment. However, Mr. Harjog Gadhvi succumbed on 6.2.2021
to the injuries sustained by him

Contentions on behalf of the counsel of Jayendrasingh, the Police Inspector in charge were that there is no allegation of beating against him. Also, the case cannot go beyond Part 1 of Section 304 IPC, in view of the exception of section 300 of IPC.

Also, read – https://indianlawinfo.in/human-rights/

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