Supreme Court says a stricter approach to be taken on the question of granting bail to police officials in the custodial death case

In a recent order, the Supreme Court (SC) of India stated that a stricter approach would be adopted while dealing with the question of granting bail to police officials in a case of custodial death. The bench constituting Justice Aniruddha Bose and Justice Sanjay Kumar opined that such offences are of grave and serious nature. It said, “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.” Moreover, the SC set aside the order of the Allahabad High Court granting bail to police officials after 1 and a half years of custody in the custodial death case. 

While reversing the HC’s order, the SC bench observed, “It is a fact that, in ordinary circumstances, we ought not to invoke our jurisdiction under Article 136 of the Constitution of India 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.” During the proceedings, the counsel appearing for the respondent submitted that being the police constable (accused), he was just a substitute driver and had no role to play in the alleged commission of the offence. The SC said, “We find that there is a certain role attributed to respondent No.3 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.”

After hearing the matter, the SC bench said “Having regard to the contents of the chargesheet, we do not think this was a fit case where he ought to have been enlarged on bail within one and a half years of his initial detention.” Therefore, it set aside the order of the HC and directed police official to surrender before the CBI Court within a period of four weeks. Once he surrenders, the concerned Court should take him into custody.