Nagpur: The bail cannot be rejected as a pre-trial penalty or to serve or extinguish the collective anger and anger of the community, the Nagpur bench from the Bombay High Court on Wednesday.
“Regardless of the case of the prime facie, the guarantee can be given, especially if violations cannot be punished with death or imprisonment or the influence of witnesses, there is no purpose in sustainable detention, “said Justice Rohit Deo before giving a guarantee to the Indian Forest Service Officer (IFS) Vinod Shivkumar.
The bench noted that the existence of the Prima Facie case was not the only consideration that regulates the grant or rejection to provide guarantees, because the defendant was not charged with the commission of violations punished by death or life sentence.
“Gravity of the violation, the defendant’s status, is likely that he is not available or to deal with trials, trends or potential to influence the court, are some relevant considerations.” Shivkumar, who was charged as Prime was accused of committing the Suicide of the Range Forest Officer (RFO) Defeadali Chavan, approaching HC through Firdos Mirza’s advice after the Achalpur session denied his guarantee.
He was arrested on the basis of the three letters sent by the deceased to the former Head of the MS Reddy Forest Conservator (also made the defendant in this case) together with his mother and husband, accusing abuse dropped by Shivkumar, who was a direct supervisor.
, Justice Deo shows that there are no ingredients notified to the notice that applicants or other IFS members make efforts to influence the witnesses.
He had asked prosecution to submit evidence that Shivkumar was protected and assisted by other IFS members, and integrity and witnesses, the lower rank, would stand compromised if he was released with a guarantee.
However, the assistant government of Petitioner Kalyani Deshpande, however, clarified that there were no complaints in every effort by the defendant’s colleagues to try to influence the witnesses “even though there were three letters where prosecution relied on a reduction in prime, if taken at a nominal value, considering the applicant was suspended and not Will be in a position to influence the witnesses, and that the guarantee cannot be rejected as a pre-trial penalty, I tend to argue that a case was made for a guarantee, “said the judge, while releasing the Shivkumar on RS1 Lakh’s personal bond with two solvent operations.
Guarantees cannot be rejected to satisfy collective anger & public anger: HC
