Nagpur: The guarantee cannot be rejected either as a pre-Persidian penalty or to serve or extinguish collective anger and public anger, the Nagpur bench from Bombay High Court said on Wednesday.
“Apart from the case of the prime facie, the guarantee can be given, especially if violations cannot be punished with death or imprisonment for life 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.
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.
, The bench noted that the existence of the Prima Facie case was not the only consideration that regulates the grant or rejection to provide a guarantee, because the defendant was not charged with the commission of violations sentenced to death or a lifetime 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 course of the trial, are some relevant considerations,” the bench was observed.
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 has asked prosecution to propose evidence that Shivkumar is protected and assisted by other IFS members.
HC: Cannot deny guarantees as a pre-trial penalty or to extinguish anger
