The granted regular bail to suspended police inspector Sanjeet Singh Mavai in connection with the of Deva Pardi, ruling that holding a does not by itself establish for the death. Justice Alok Awasthi, hearing a criminal appeal under , observed that the status of a supervisory officer cannot substitute for proof of the specific ingredients of the offence alleged against that accused.
The case stems from the death of Deva Pardi, who was taken into police custody on , in connection with a burglary case. A judicial inquiry conducted by the , found that the death occurred under suspicious and unusual circumstances resulting from beating, torture, or neglect during interrogation by the Station House Officer and seven to eight policemen. Based on the inquiry, a case was registered under various sections of the , including murder, voluntarily causing hurt, wrongful confinement, and provisions of the .
and Judicial Inquiry
Following the death, the victim's family approached the , which by order dated , transferred the investigation to the . The CBI filed a charge sheet against co-accused Devraj, Juber Khan, and Gajraj Singh Yadav, and a supplementary charge sheet against absconding accused Sanjeet Singh Mavai and Uttam Singh on . Mavai, who was posted as Inspector at at the relevant time, had been in custody since .
The appellant argued through senior counsel that he was on official VIP duty at Gwalior for the "Viksit Bharat" program on July 13 and 14, 2024, and was not present at the police station when the alleged torture occurred. The Call Detail Record summary revealed continuous communication between the Sub-Divisional Officer of Police and another officer during the torture window, suggesting the appellant's absence. The prosecution case, however, alleged that Mavai participated in, facilitated, directed, or failed to prevent the acts that resulted in the death.
Court Distinguishes Supervisory Role from Individual Liability
The court took note of the serious nature of
allegations but emphasized that bail consideration requires a
assessment of the material.
"This Court also takes note of the distinction between custodial responsibility and
. The fact that an accused was holding a
at the relevant time is a relevant circumstance, but such status by itself cannot substitute for proof of the ingredients of the particular of an alleged against that accused,"
Justice Awasthi observed.
The court noted that the deceased was taken into custody on July 13 when Mavai was out of town, and he returned only on July 14 at 2.30 PM. During his absence, the deceased was subjected to continuous interrogation by several police officers, and physical assaults during that period remained a possibility. The court found that the appellant was not the sole officer responsible, and no direct independent eyewitness account other than Gangu alias Gangaram attributed the fatal act specifically to Mavai. Medical evidence did not conclusively establish that the particular act alleged against the appellant was the immediate cause of death.
The court also highlighted that co-accused Devraj, who was present at the police station during the arrest and involved in the assault, had already been granted bail. The period of custody served by Mavai was longer than that of Devraj. No had been conducted for Mavai, who was referred to solely by the alias "Teen Phool Wale." The that his arrival and departure times were fabricated rested with the prosecution.
Bail Granted with Strict Conditions
The court noted that the investigation was complete, the charge sheet had been filed, and was no longer required. The material witnesses had been identified, and their statements recorded. The prosecution failed to demonstrate specific material showing that Mavai would destroy evidence or abscond if released on bail. While the possibility of influencing witnesses could not be ignored given his position as a police officer, the court held that such apprehension could be substantially addressed by imposing appropriate conditions.
"Having regard to the totality of the circumstances, including the appellant's period of custody, completion of investigation, filing of the charge sheet, the nature of the material presently available against him and the possibility of adequately protecting the prosecution case through stringent conditions, this Court is of the considered view that
of the appellant, at this stage, is not necessary for the purposes of investigation or securing his presence in the trial,"
Justice Awasthi concluded.
The court directed that Mavai be released on a of Rs. 1,00,000 with two , subject to conditions including appearance before the trial court on every date, no direct or indirect contact with prosecution witnesses, prohibition from entering the premises of except with prior court permission, surrender of passport, and cooperation with trial proceedings. The trial court was directed to expedite the proceedings. The observations made in the order were and confined solely to the bail adjudication, and the trial court was to decide the case independently based on evidence.
custodial death - police liability - supervisory role - bail conditions - individual criminal liability