Court Criticizes Police and Prosecution for Negligence in High-Profile Murder Case
In a significant ruling, the Delhi High Court has granted bail to Sarvesh Singh, an accused in a high-profile murder case dating back to 2018. Justice Girish Kathpalia, presiding over the matter, highlighted the absence of admissible evidence against Singh, apart from a confessional statement recorded during police custody. This decision underscores the court's dissatisfaction with the prosecution and police handling of the case.
The case, stemming from FIR No. 277/2018 registered at Police Station Sarai Rohilla, involved charges under Sections 302 (murder), 364 (kidnapping or abducting in order to murder), 201 (causing disappearance of evidence), 120B (criminal conspiracy), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC). Singh had been in judicial custody since July 22, 2018, accused of strangulating the deceased with the help of co-accused.
During the proceedings, it came to light that neither the Investigating Officer nor the Station House Officer was present, and the officer in attendance, Inspector Jag Mohan, was unprepared and failed to brief the prosecutor. The Additional Public Prosecutor expressed frustration over the lack of police assistance, admitting that the status report from November 2024 did not contain any admissible evidence against Singh.
Justice Kathpalia noted the absence of evidence, stating, "Apart from his confessional statement recorded in police custody, there is no evidence collected by the investigator against the accused/applicant." The court directed Singh's release on bail, contingent upon furnishing a personal bond of Rs. 10,000 and a surety of the same amount.
Additionally, the court issued directives to the Commissioner of Police to ensure corrective measures are taken. The order emphasized the importance of investigating officers briefing prosecutors before hearings and attending with complete investigation files. This directive aims to prevent further negligence in handling such sensitive cases.
The judgment highlights systemic issues within the police and prosecution services, urging improvements in procedural diligence to uphold justice effectively.
Bottom Line:
Bail granted in absence of admissible evidence against the accused/applicant. Police and prosecution negligence noted; directives issued for corrective measures.
Statutory provision(s): Sections 302, 364, 201, 120B, 34 of the Indian Penal Code (IPC).
Sarvesh Singh v. State NCT Of Delhi, (Delhi) : Law Finder Doc id # 2851902
