The Supreme court refused to grant bail to Police officer, Jayendrasinh Anopsinh Padhiyar who was in charge of Mundra Police Station, under whose custody two detainees were found to be dead. Jayendrasinh Anopsinh Padhiyar, preferred appeal seeking bail on the ground that till now no blemish in my career so far, maximum it can be case of delinquency but section 302 IPC does not attract against me.
A two judge Bench 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 serious injury.
Huzefa Ahmadi for Petitioner argued that I was in-charge of concerned Police station. Maximum, there can be 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 arrest memo.
Hufeza Ahmadi, put forth his contentions in his defence 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 arrest of the victims with regard to the FIR lodged for the theft was 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 since 13.1.2021 till one Mr. Arjan died on 19.1.2021 in
Mundra Police Station.
Medical reports and postmortem reports depicts that 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 negligency in discharging duties, but in fact he permitted his subordinates to fulfill their common intention, may be for the land dispute with private persons who are accused in the present offence.
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 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 offence of theft.
The High Court of Gujarat while dismissing his regular bail application filed under section 439 CrPC for the offences 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 offence as this offence 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 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 offences 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, one Mr. Harjog Gadhvi and Mr. Shamra Gadhvi were
detained on 16.1.2021 in connection with the aforesaid offences
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 counsel of Jayendrasingh, 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 exception of section 300 of IPC.