CW-2013-0008Nanded, MaharashtraJudgment 8 July 2013

Kandhar Man vs State of Maharashtra and Ors.

The judgment of the Bombay High Court records the following account. Undertrial a Kandhar man (21, Crime No. 90/2009, PS Loha) was shot dead in the Sub-Jail Kandhar lock-up on the night of 2.2.2011 by on-duty Police Constable with his.303 service rifle; Marwade then shot himself dead and an 'A' abetted summary was granted. The State admitted the incident but called it an individual act on grave provocation outside vicarious liability, blaming a Kandhar man's arrogance. The Court rejected that defence, holding the State failed to post sufficient guards or ensure inmate safety and must be held responsible for the custodial death, and directed Rs 4,50,000 compensation with 8% interest from 12.7.2012 plus Rs 10,000 costs, deposited with the District Judge, Nanded (inclusive of the GR 9.3.2012 amount). Matters not addressed in the cited judgment text are not recorded here.

Externally reportedV2
What this record means

This page documents a court-adjudicated case from the judgment and cited sources below. Findings are attributed to the court; this record does not add findings of its own.

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Report card

By judgment dated 8 July 2013 in Criminal Writ Petition No. 1077 of 2012, the Bombay High Court (Coram: Naresh H. Patil, A.I.S. Cheema, JJ.) returned findings adverse to the Pandit Manikrao Marwade (Police Constable), and directed payment of compensation of Rs 4.5 lakh (Rs 4,50,000).

Register number
MH 26 CW 0001
Case reference
Criminal Writ Petition No. 1077 of 2012 / (2013) 5 ABR 375; (2013) 3 BomCR(Cri) 601; (2013) ALLMR(Cri) 3038
Court and date
Bombay High Court (Coram: Naresh H. Patil, A.I.S. Cheema, JJ.), 8 July 2013
Officer(s) at the material time
Pandit Manikrao Marwade (Police Constable)
Present service status
Not ascertained from the cited sources.
Provisions invoked
Article 226 of the Constitution of India; Article 21 of the Constitution of India
Finding of the Court (extract)
“The State is liable for contravention of fundamental rights of the victim. No sovereign immunity can be claimed by Respondents. The act of constable Pandit Manikrao Marwade was clearly illegal and a Kandhar man became victim of the same.” (at para 9)
Verdict, sentence and quantum
Adverse finding + compensation. Compensation: Rs 4.5 lakh (Rs 4,50,000).
Present status of the proceedings
No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.

Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.

The Bombay High Court judgment dated 8 July 2013 is the concluded position shown in the cited sources.

Recorded allegations

1
Custodial deathPrimary
Material fact supported

Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.

Official finding: supports allegation.

What the court found

Holding not recorded separately.

“The State is liable for contravention of fundamental rights of the victim. No sovereign immunity can be claimed by Respondents. The act of constable Pandit Manikrao Marwade was clearly illegal and a Kandhar man became victim of the same.” (para 9)

Institutional response

1
8 Jul 2013

Order issued

Concluded
Bombay High Court External · Binding

The Bombay High Court recorded adverse findings against police personnel and ordered Rs 450,000.

Compensation ordered · Supports allegation (for the compensated wrong only).
Source: (2013) 5 ABR 375; (2013) 3 BomCR(Cri) 601; (2013) ALLMR(Cri) 3038
Not yet re-checked.

Follow-up history

1
19 Sep 2026

(Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass; skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl))

Corrections (0): No corrections recorded.

Review: Solo Staff combined review (one combined attestation) — not yet recorded.

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