HC bail to woman constable in Byculla jail inmate’s murder case

The Bombay high court granted bail to woman police constable Surekha Gorakshanath Gavle, arrested in 2017 for allegedly killing an inmate of Byculla jail, Manjula Shetye. While the court noted Gavle’s alleged involvement in the murder, it emphasised her constitutional right to a speedy trial

MUMBAI: The Bombay high court on Tuesday granted bail to woman police constable Surekha Gorakshanath Gavle, arrested in 2017 for allegedly killing an inmate of Byculla jail, Manjula Shetye. While the court noted Gavle’s alleged involvement in the murder, it emphasised her constitutional right to a speedy trial.

HC bail to woman constable in Byculla jail inmate’s murder case

This was her third bail application, with two other applications having been rejected in July 2019 and January 2023.

Gavle was arrested on July 1, 2017, on allegation that she was on duty when Shetye was found dead under suspicious circumstances. The prosecution case is that Shetye died at the J J Hospital on June 23 after being allegedly beaten up by the Byculla jail staff, including Gavle, after the former “failed” to account for two eggs and five loaves of bread, which were given to her for distribution to the inmates.

Advocates Rajendra Rathod, Umar Dalvi and Ansari M Siraj, counsel for Gavle, argued that the constable had already suffered incarceration for a period of seven years and five months as an undertrial, highlighting her right to a speedy trial under Article 21 of the Constitution.

Additional public prosecutor Sagar R. Agarkar opposed the bail application, pointing out the observations made in the earlier orders, showing the active involvement of Gavle in the case.

However, taking into consideration the prolonged incarceration suffered by the accused and the remote possibility of the trial getting completed within a reasonable period, justice Manish Pitale granted bail to Gavle.

Relying on Supreme Court precedents to reiterate the position that in such circumstances, constitutional courts can exercise their powers to pass favourable orders in bail applications, he stated, “Merely because the allegations made against the accused under-trial are extremely serious, it cannot be said that constitutional courts cannot exercise appropriate powers.”

The court, therefore, contended that Gavle is entitled to relief, and granted her bail on a personal bond of ₹50,000 and one or two sureties in the same amount.