Case Note & Summary
The Supreme Court heard an appeal by special leave against the High Court of Madhya Pradesh's order dated 20th December 2024, which denied bail to Gangaram Pardhi and refused to transfer the investigation into the custodial death of Deva Pardhi. The appellants, Hansura Bai (mother) and another (aunt) of Deva Pardhi, alleged that on 13th-14th July 2024, during the Haldi ceremony of Deva Pardhi's wedding, 30-40 police personnel forcibly entered the venue, assaulted and handcuffed Deva Pardhi and his uncle Gangaram Pardhi, and took them to a police station. There, Deva Pardhi was subjected to severe torture including hanging upside down, suffocation, and application of hot water and salt, leading to his death. Gangaram Pardhi, the sole eye-witness, was illegally detained for over 24 hours and later produced before a magistrate, remanded to judicial custody. Subsequently, a police official involved in the incident lodged a false FIR against Gangaram Pardhi's family, and Gangaram was implicated in multiple criminal cases. The appellants sought transfer of investigation to the CBI and bail for Gangaram Pardhi. The High Court denied bail but directed his transfer to Central Jail, Gwalior, due to threats. The Supreme Court, considering the gravity of custodial death and the local police's involvement, held that the investigation must be transferred to the CBI to ensure impartiality. It also granted bail to Gangaram Pardhi, noting that his continued detention under threat violated his fundamental rights, and imposed conditions to secure his safety and cooperation with the investigation.
Headnote
A) Criminal Law - Custodial Death - Transfer of Investigation - Section 105, 115(2), 3(5), 120 Bharatiya Nyaya Sanhita, 2023; Section 3(2)(v) Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 - Allegations of brutal custodial torture leading to death of Deva Pardhi by police officials - Local police investigating its own colleagues - Court held that credibility of investigation is compromised when investigating agency is privy to the dispute - Investigation transferred to CBI to ensure impartiality and public trust (Paras 24-26). B) Criminal Law - Bail - Witness Protection - Article 21, Article 136 Constitution of India - Sole eye-witness Gangaram Pardhi implicated in multiple false cases after the incident - High Court denied bail but acknowledged threat - Supreme Court held that continued detention of witness under threat amounts to violation of fundamental rights - Bail granted to Gangaram Pardhi subject to conditions to ensure his safety and cooperation (Paras 27-30).
Issue of Consideration
Whether the investigation into the custodial death of Deva Pardhi should be transferred to an independent agency like the CBI, and whether the sole eye-witness Gangaram Pardhi should be granted bail considering the threat to his life and liberty.
Final Decision
The Supreme Court allowed the appeal, transferred the investigation of FIR No. 341 of 2024 to the Central Bureau of Investigation (CBI), and granted bail to Gangaram Pardhi subject to conditions including furnishing a personal bond, not tampering with evidence, and cooperating with the investigation.
Law Points
- Transfer of investigation
- custodial torture
- bail
- witness protection
- Article 136
- Article 21
- Article 14
- Section 105 BNS
- Section 115(2) BNS
- Section 3(5) BNS
- Section 120 BNS
- Section 3(2)(v) SC/ST Act
