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Relying upon 'State of Jharkhand vs Sandeep Kumar' (2024), court said it ought to make an exception from the general approach on the question of granting bail and adopt a stricter approach
The Supreme Court has said a stricter view is to be taken on the question of granting bail to a member of police force in custodial death case, in view of grave and serious nature of offence and his ability to wield overall influence in such matters.
A bench of Justices Aniruddha Bose and Sanjay Kumar has with this view set aside an order by the Allahabad High Court granting bail to a constable just after one and half year of custody in the custodial death case of February 12, 2021, allegedly involving 19 policemen.
"It is a fact that, in ordinary circumstances, we ought not to invoke our jurisdiction under Article 136 of the Constitution to invalidate an order granting bail to an accused. But this criteria, while dealing with the question of granting bail, would not apply in a case of custodial death, where police officials are arraigned as accused. Such alleged offences are of grave and serious nature," the bench observed.
The court ordered the constable to surrender before the CBI which investigated the matter.
Appellant Ajay Kumar Yadav filed the complaint with regard to death of his brother in custody just after his arrest on February 11, 2021 in a robbery case.
High Court had enlarged the constable on bail on February 15, 2023, though the chargesheet included allegations of commission of offences under Section 34 read with Sections 302, 330, 331, 218 and Section 120-B of the Indian Penal Code.
The respondent accused contended, being a police constable, he was working as a substitute driver, only as a stopgap arrangement, and had no role to play in the alleged commission of the offence on that date. The bench, however, said, "We find that there is a certain role attributed to respondent therein in the commission of the alleged offences. As per the materials disclosed by the agency, his role was not confined to just being a driver of a police vehicle so far as commission of the alleged offences is concerned. The status report filed before us by the CBI is on the same lines."
"In cases of this nature, having regard to the overall influence a member of a police force may wield in connection with a case against them pertaining to custodial death, a stricter view is to be taken on the question of granting bail...The alleged offence is of grave and serious nature and that factor has not been properly considered by the High Court," it further said.
Case Title: Arvind Kumar Pandey & Ors vs. Girish Pandey & Anr
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