CHAPTER 4 No. 12/2009 u/s 395 IPC, Police Station Shevgaon and was confined in magisterial custody. 4.59 The Commission took cognizance of the matter and requested its Director General (Investigation) to collect requisite reports from concerned authorities. 4.60 Pursuant to the directions of the Commission, relevant reports were received from authorities. 4.61 Superintendent of Police, Ahmednagar submitted that one Biranya Chingya Bhosle, aged 40 years was arrested by police in connection with Crime No. 12/2009 u/s 395 IPC, Police Station Shevgaon. He was in police custody from 3rd to 6th February, 2009 and was remanded to magisterial custody on 06.02.2009. He was transferred to Govrai police station in connection with Case Crime No. 89/2007 u/s 395/396/307/341 IPC and thereafter he was sent back to Shevgaon Police Station. 4.62 On 08.03.2009 at 5 a.m., the Head Constable Markad who was on guard duty found Biranya Chingya Bhosle hanging from the roof iron bar of the magisterial custody room and was found dead. An ADR No. 14/09 u/s 174 Cr. P.C. was registered at Police Station Shevgaon. 4.63 The cause of death was given as “asphyxia due to compression of neck” in the post mortem report. 4.64 Sub-Divisional Magistrate, Nagar Division, Ahmednagar who inquired into the circumstances of death concluded in his inquiry report that the sentry guards who were on duty were negligent in their duties. 4.65 The Commission also received a report from Superintendent of Police, CID (Crime), Nasik. The report revealed that Superintendent of Police, Ahmednagar had placed four police personnel of Police Station Shevgaon under suspension for dereliction of duties. After completion of departmental enquiry, PHC/1331 Bharat Dhondiba Markad was found guilty in discharge of his duties and his one increment was stopped for one year. 4.66 On careful consideration of various reports placed on record including the report received from Superintendent of Police, CID (Crime), Nashik where it was found that there was negligence on the part of its officials in discharge of their duties which facilitated the suicide of Biranya Chingya Bhosale while in judicial custody, the Commission was prima facie satisfied that there was negligence on part of the sentry guards on duty to keep a watch on the deceased. The Commission observed that if the sentry guards on duty had been alert, the deceased could not have got an opportunity to commit suicide. Hence, the Commission vide its proceedings dated 30.01.2014 directed to issue a notice u/s 18 of the Protection of Human Rights Act, 1993 to the Govt. of Maharashtra to show cause as to why monetary National Human Right Commission Annual Report - 2014-2015 41