Punjab and Haryana High Court Suspends Life Sentence of Former Himachal IG Zaidi in Gudiya Custodial Death Case
Shimla/Chandigarh, Dec 23,
The Punjab and Haryana High Court on Monday suspended the life sentence awarded to former Himachal Pradesh Inspector General of Police Zahoor H. Zaidi in the custodial death case arising out of the investigation into the 2017 Gudiya rape and murder, holding that a prima facie case for suspension of sentence was made out pending final hearing of his appeal.
Allowing Zaidi’s application for suspension of sentence, the Division Bench observed that “CBI does not dispute that at the time of custodial death, A-1 Zahur Haider Zaidi was not present in the police station Kotkhai” and further noted that he was on “pre-sanctioned leave from July 13, 2017 to July 17, 2017, to perform rituals of his deceased father” .
The Court also took into account the length of incarceration already undergone by the former IPS officer, recording that “as per the custody certificate… the applicant’s total custody is 05 years, 02 months and 14 days, including remission”, and noted that considering the pendency of criminal appeals, “there is no likelihood of the appeal’s turn for final hearing in the near future” .
While refraining from making any final determination on guilt, the Bench clarified that its observations were strictly limited to the question of suspension of sentence. “The observations made hereinabove are only for the purpose of deciding the present suspension application and shall not be construed as an expression of opinion at the time of deciding the final appeal,” the Court explicitly cautioned .
Earlier, on January 18, 2025, a CBI court had convicted Zaidi along with eight other police officials for offences including criminal conspiracy and murder under Section 302 of the IPC. On January 21, Zaidi and several others — including the then DSP Theog, a sub-inspector, an assistant sub-inspector, head constables and a constable — were sentenced to life imprisonment.
The case traces its origins to the rape and murder of a 16-year-old girl in the Kotkhai area of Shimla district in July 2017, an incident that triggered widespread outrage across Himachal Pradesh. During the investigation, the police detained two suspects, Raju and Suraj. Suraj subsequently died in police custody.
Medical evidence formed the backbone of the prosecution case. Judicial and medical inquiries recorded over 20 ante-mortem injuries on Suraj’s body, and a medical board at AIIMS concluded that the injuries were sufficient to cause death in the ordinary course of nature and were consistent with custodial torture .
The revelations led to massive public protests in Kotkhai, including violent incidents and an attempt to set fire to the local police station. In the aftermath, the investigation was transferred to the Central Bureau of Investigation, which arrested nine police personnel, including senior officers, on allegations of conspiracy, custodial violence and fabrication of records.
Separately, in the main Gudiya rape and murder case, a special court in Shimla had in June 2021 awarded life imprisonment to the prime accused, Anil Kumar alias Neelu.
Suspending Zaidi’s sentence, the High Court directed that he be released on bail subject to furnishing bail bonds of Rs 25,000 with one surety to the satisfaction of the concerned magistrate within 30 days, making it clear that failure to do so would require further orders from the Court .
With the suspension granted pending appeal, the case now moves into the appellate stage, even as it continues to be viewed as one of the most consequential custodial death cases in Himachal Pradesh, raising enduring questions about police accountability and institutional oversight.
About the Author
The HimachalScape Bureau comprises seasoned journalists from Himachal Pradesh with over 25 years of experience in leading media conglomerates such as The Times of India and United News of India. Known for their in-depth regional insights, the team brings credible, research-driven, and balanced reportage on Himachal’s socio-political and developmental landscape.
