MUMBAI: Bombay high court on Wednesday denied pre-arrest bail to two jail officials booked for allegedly murdering a Sawantwadi jail inmate last year.
An inmate of the Sindhudurg district jail, Rajesh Gaonkar had died after an assault and the duo were made accused in February this year. The Sawantwadi police registered an FIR alleging that after the inmate was attached, he did not get necessary medical attention promptly.
Jail superintendent Yogesh Patil and Subedar Zilba Pandharmise who sought pre-arrest bail claimed the inmate an accused under the Maharashtra prohibition Act had a case pending against him and was lodged in the prison since last December.
Pandharmise had lodged an accidental death report of the prisoner but the police while probing said it was a case of murder. The case of the jail officials was that the inmate suffered “acute alohol withdrawal syndrome’ and had slipped from his bed and when taken to a hospital was declared ‘brought dead’ and argued that if arrested their service may be in jeopardy.
The prosecution said unless the duo are arrested “the entire truth behind the death of the inmate will not be unearthed.’’
Justice Ajay Gadkari said, “Postmortem notes of Rajesh Gaonkar indicate that, he suffered in all 17 injuries including 6 injuries to his head’’ and that the Forensic report categorically states that injuries are not due to a fall but by assault with a hard instrument.
Noting that Gaonkar was in judicial custody on orders of a magistrate, the HC said, “It was incumbent on the part of the applicants being Jail Officials to take necessary care of the prisoner.”
“The record clearly indicates that, contrary thereof, as per the version of the eye-witnesses though the applicants were aware of the fact that, Rajesh Gaonkar was ill, they assaulted him mercilessly for some trifle reason and did not take Rajesh Gaonkar for medical assistance immediately. Rajesh Gaonkar was declared brought dead by the doctors of the Sub-District Hospital Sawantwadi on 20.12.2019 at about 11.35am,’’ the HC said in its order rejecting their plea for anticipatory bail.
“It further appears from the record that, the other jail staff has given favourable statements’’ as they are under their authority. “The weapon or stick used’’ in commission of the crime is yet to be recovered and unless they are thoroughly interrogated the entire truth may not be uncovered, said the order.
“After taking into consideration the serious allegations against the applicants, gravity of the offence and their need of custodial interrogation, this court is of the view that the applicants are not entitled to be protected by pre-arrest bail,’’ said the HC.
An inmate of the Sindhudurg district jail, Rajesh Gaonkar had died after an assault and the duo were made accused in February this year. The Sawantwadi police registered an FIR alleging that after the inmate was attached, he did not get necessary medical attention promptly.
Jail superintendent Yogesh Patil and Subedar Zilba Pandharmise who sought pre-arrest bail claimed the inmate an accused under the Maharashtra prohibition Act had a case pending against him and was lodged in the prison since last December.
Pandharmise had lodged an accidental death report of the prisoner but the police while probing said it was a case of murder. The case of the jail officials was that the inmate suffered “acute alohol withdrawal syndrome’ and had slipped from his bed and when taken to a hospital was declared ‘brought dead’ and argued that if arrested their service may be in jeopardy.
The prosecution said unless the duo are arrested “the entire truth behind the death of the inmate will not be unearthed.’’
Justice Ajay Gadkari said, “Postmortem notes of Rajesh Gaonkar indicate that, he suffered in all 17 injuries including 6 injuries to his head’’ and that the Forensic report categorically states that injuries are not due to a fall but by assault with a hard instrument.
Noting that Gaonkar was in judicial custody on orders of a magistrate, the HC said, “It was incumbent on the part of the applicants being Jail Officials to take necessary care of the prisoner.”
“The record clearly indicates that, contrary thereof, as per the version of the eye-witnesses though the applicants were aware of the fact that, Rajesh Gaonkar was ill, they assaulted him mercilessly for some trifle reason and did not take Rajesh Gaonkar for medical assistance immediately. Rajesh Gaonkar was declared brought dead by the doctors of the Sub-District Hospital Sawantwadi on 20.12.2019 at about 11.35am,’’ the HC said in its order rejecting their plea for anticipatory bail.
“It further appears from the record that, the other jail staff has given favourable statements’’ as they are under their authority. “The weapon or stick used’’ in commission of the crime is yet to be recovered and unless they are thoroughly interrogated the entire truth may not be uncovered, said the order.
“After taking into consideration the serious allegations against the applicants, gravity of the offence and their need of custodial interrogation, this court is of the view that the applicants are not entitled to be protected by pre-arrest bail,’’ said the HC.
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