Stricter view needed in custodial death cases: SC sets aside cop’s bail

THE SUPREME Court has said there is a need to take a “stricter view” while dealing with bail pleas of police personnel accused in custodial death cases.

“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,” a bench of Justices Aniruddha Bose and P VS an jay Kumar said while setting aside the bail granted to a police constable accused in a February 12, 2021 custodial death case.

Allowing an appeal filed by the brother of the deceased, challenging the Allahabad High Court ordergranting bail to the police man, the SC said, “It is a fact that, in ordinary circumstances, we ought not to invoke our jurisdiction under Article 136 of the Constitution to in validate 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 .” th eh chad granted bail to the constable on February 15, 2023.

The SC said it was making an exception from the general rule on the question of granting bail and adopting a“strict er approach ”, primarily for two reasons–that the accused is part of the police force and the allegation is that of custodial death, in which he has been implicated and the charge against him is under Section 302 of the IPC but the accused had been enlarged on bail within one and a half years of his detention .“the alleged offence is of grave and serious nature and that factor has not been properly considered by the High Court,” the SC said.

“We, accordingly, set aside the order impugned and direct respondent No.3 to surrender before the CBI court within a period of four weeks and once respondent No.3 surrenders, he shall be taken into custody by the concerned court,” the bench said.