Bombay HC denies pre-arrest bail to two jail officials booked for ‘killing’ inmate at district prison

Jail superintendent Yogesh Patil and Subedar Zilba Pandharmise were booked on charges of murder in February for the alleged fatal assault on inmate Rajesh Gaonkar.

The Bombay High Court on Wednesday rejected the anticipatory bail plea of two jail officials booked for allegedly killing an inmate at a district prison in Sawantwadi jail of Sindhudurg in 2019.

Jail superintendent Yogesh Patil and Subedar Zilba Pandharmise were booked on charges of murder in February for the alleged fatal assault on inmate Rajesh Gaonkar.

While the accused jail officials stated that Gaonkar died on collapsing on the ground due to fits caused by chronic alcoholism, police said the inmate was attacked and not administered immediate medical treatment.

“It was incumbent on part of the applicants being jail officials to take necessary care of the prisoner. The record clearly indicates that contrary thereof, as per versions of eyewitnesses, though the applicants were aware that Rajesh Gaonkar was ill, they assaulted him mercilessly for some trifle reason and did not take him for medical assistance immediately,” said Justice A S Gadkari in his order, rejecting pre-arrest bail to the two.

Gaonkar was lodged at Sawantwadi jail for three days before the incident took place. He was arrested on charges of selling or buying an intoxicant under the Maharashtra Prohibition Act.

The accused stated that on December 20, 2019, another inmate told them that Gaonkar’s condition was serious, and that he was moved to the sub-district official where he was declared dead after an examination. Patil also submitted that a letter was also sent to the superintendent of police to take Gaonkar to hospital, and for an escort to be sent. He also stated that the medical certificate issued by the hospital mentioned that Gaonkar was suffering from acute alcohol withdrawal syndrome.

The prosecution, however, said the post-mortem noted that the inmate suffered from 17 injuries, of which six were on his head. A forensic expert also gave an opinion to the police saying these injuries were possible by assault with a hard and blunt object.

Police said the witnesses were threatened and, hence, gave statements in favour of the accused. Other witnesses said the accused assaulted Gaonkar on the back, abdomen and shoulders, including with a stick, which is yet to be recovered.

“It further appears from the record that the other jail staff has given favourable statements to the applicants, as they were under the authority and command of the applicants,” the High Court said, observing that till the accused are thoroughly interrogated, the “entire truth” behind the alleged murder cannot be unearthed.