The Bombay High Court's Nagpur bench recently revoked the bail of two police personnel accused in the custodial death of a 19-year-old youth in Akola [Sukhdev Mahadev Haramkar v State of Maharashtra]..Justice Urmila Joshi Phalke said that when the protectors of the law violate the law, the punishment must be appropriately stringent.Hence, she cancelled the anticipatory bail granted to sub-inspector Rajesh Jaware and constable Chandraprakash Solanke of Akot police station."In this case, as accused Police Sub Inspector Rajesh Jaware and accused Police Constable Chandraprakash Solanke are violators of law, who had the primary responsibility to protect and uphold law, thereby mandating the punishment for such violation to be proportionately stringent so as to have an effective deterrent effect and instill confidence in society," the judge said..The Court further noted that such instances deplete the confidence in criminal justice system much more than the ones involving private individuals. "Those who are called upon to administer the criminal law must bear in mind that they have a duty not merely to the individual accused before them, but also to the State and the community at large. Such incidents involving police usually tend to deplete confidence in our criminal justice system much more than incidents involving private individuals," the Court noted..The case arose after the death of Gowardhan Ganesh Haramkar, who was arrested on January 15, 2024, by Jaware and Solanke at the Akot Police Station in Akola district. Gowardhan was allegedly arrested on suspicion of involvement in a robbery. After his arrest, he was reportedly subjected to severe physical assault by the officers, resulting in serious injuries. On January 17, 2024, following the extent of his injuries, Gowardhan was transferred to Vighnaharta Hospital, where he later succumbed to his wounds.On April 16, Gowardhan’s uncle filed a formal complaint, accusing the officers of using excessive force during the arrest and detention. This led to the registration of a case against Jaware, Solanke and other co-accused officers..Initially, the Additional Sessions Judge in Akot granted anticipatory bail to the accused officers on May 18 after noting that there was insufficient evidence to suggest their involvement in the assault. The judge also highlighted the delay in lodging the First Information Report (FIR) and suggested that the victim's injuries might have been caused by an accident rather than police brutality. The complainant’s counsel strongly contested this decision, arguing that the evidence pointed to police misconduct..Before the High Court, the complainant's counsel argued that the officers acted with impunity, using "third-degree measures" that led to the youth’s death. It was contended that the seriousness of the offence warranted a thorough investigation and custodial interrogation which the lower court had failed to consider when granting bail..Justice Phalke, in her ruling, stressed the crucial role of police officers in maintaining public trust and upholding justice. She emphasized the need for stringent punishment in cases of police misconduct, stating that such measures were essential to deter similar behavior and restore confidence in the criminal justice system. The Court concluded that the officers' actions had undermined the integrity of the criminal justice system and eroded public faith in law enforcement.Justice Phalke also said that the lower court had not adequately considered the gravity of the allegations or the potential for evidence tamperingConsequently, it cancelled the bail granted to the accused officers and ordered them to surrender before the Investigation Officer by December 20. .Advocate AV Karnavat appeared for the complainant.Additional Public Prosecutor Shamsi Haider appeared for State.Advocate JM Gandhi appeared for the accused..[Read Order]
