Drawing a parallel with the recent Gurgaon gangster’s encounter in Mumbai, the home department is set to defend the controversial suspension of bail granted to 11 policemen in the Lakhan Bhaiyya fake encounter case in the Bombay High Court on February 26 — the day the court will seal the fate of the 11.Highly-placed sources in the department claimed that the Supreme Court had cancelled registration of an FIR against the Gurgaon cops on the mere ground that the HC had not heard Haryana government’s plea when ordering registration of an FIR, and that the same held true for the Maharashtra government. Sources also said that when the SC allowed Lakhan Bhaiyya’s brother’s plea, of cancelling the bail granted to the 11, the Maharashtra government was not allowed to present its case.<!– /11440465/Dna_Article_Middle_300x250_BTF –>The state is also backing its case on section 433 of the CrPC under which it has the power to temporarily suspend life sentences. Its argument is that it was not allowed to exercise this power. The government claimed that the HC had objected to the suspension saying that the state can’t commute or remit a life sentence under the section.However, a senior officer explained that suspension of a sentence is neither remission nor commutation. “The government had merely stayed the sentence for six months,” he added.In a first-of-its-kind decision, the Maharashtra government in December had suspended the life sentences of the 11 policemen convicted in the Lakhan Bhaiya fake encounter case for six months.The home department had claimed that the decision was taken after consideration of the report submitted by the police as well as the report given by the HC, which had awarded the initial sentence. The report of the human rights commission was also taken into consideration.

Excerpt from: 

Lakhan Bhaiyya fake encounter: State to cite Gurgaon case in Supreme Court