Court emphasizes that seriousness of offence is not an absolute bar to bail; orders release of Sanjeet Singh Mavai after completion of investigation and charge-sheet filing under SC/ST Act and Bharatiya Nyaya Sanhita, 2023
In a significant decision delivered on October 8, 2026, the Madhya Pradesh High Court (Indore Bench) granted regular bail to Sanjeet Singh Mavai, a police inspector accused of involvement in the custodial death of a detainee named Deva Pardi at Police Station Myana, District Guna. The case, investigated by the Central Bureau of Investigation (CBI), pertains to serious allegations under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, as well as several provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS).
The appellant had been in custody for about one year following his arrest on October 5, 2025, in connection with Crime No. RC 0502025S0005 registered at Police Station SC-II, New Delhi. The prosecution alleged that during police custody on July 14, 2024, the deceased sustained injuries resulting in his death under suspicious and unusual circumstances, involving physical assault and torture by multiple police officers, including the appellant. The appellant was accused of either participating in, directing, facilitating, or failing to prevent the acts that led to Deva's death.
The High Court, presided over by Justice Alok Awasthi, carefully examined the detailed facts, including the appellant's claim that he was on official VIP duty in Gwalior during the incident and was not present at the police station at the time. The Court noted that the investigation had been completed, and the charge-sheet had been filed on December 23, 2025. Additionally, there was no material indicating the necessity for further custodial interrogation of the appellant or any specific risk of absconding or evidence tampering if he were released.
While acknowledging the gravity of custodial death allegations, especially involving police personnel who may wield influence over witnesses or the trial process, the Court emphasized that such seriousness alone cannot constitute an absolute bar to bail. The Court distinguished between custodial responsibility and individual criminal liability, underscoring that supervisory status does not substitute for proof of specific criminal acts.
The Court granted bail to Sanjeet Singh Mavai with stringent conditions designed to safeguard the prosecution's case and ensure a fair trial. These include prohibitions on contacting prosecution witnesses, restrictions on entering the police station premises without prior court permission, furnishing current residential and contact details to the investigation and trial courts, surrendering his passport, and obligations to cooperate with court proceedings without tampering with evidence.
The Court clarified that its observations were prima facie and confined to the bail application stage, with no bearing on the ultimate determination of guilt or innocence, which remains the trial Court's prerogative. The trial Court was directed to proceed expeditiously while safeguarding the rights of all parties.
This ruling reflects the judiciary's nuanced approach to bail in sensitive cases involving custodial deaths and police officers, balancing the need for justice with principles of fairness and the presumption of innocence.
Bottom Line:
SC/ST Act - Regular bail - Allegation of custodial death against police officer - Seriousness of offence by itself cannot be absolute bar to bail - Court must examine individual role, period of custody, completion of investigation, filing of charge-sheet and possibility of protecting prosecution case by stringent conditions - Bail granted with strict safeguards against influencing witnesses and interfering with trial.
Statutory provision(s):
Section 14A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989; Sections 103, 115, 120(2), 127(8), 61, 229, 238, 256, and 340 of Bharatiya Nyaya Sanhita, 2023; Section 483 of Bharatiya Nyaya Sanhita, 2023; Section 3(2)(v)(vit) of SC/ST (Prevention of Atrocities) Act, 1989
