NEW DELHI: The Supreme Court on Wednesday granted bail to Indrani Mukerjea, prime accused in the murder of her daughter Sheena Bora, nearly six and a half years after she was taken into custody in the case, with the apex court allowing her plea on the ground of long incarceration.
Granting her bail, a bench of Justices L Nageswara Rao, B R Gavai and A S Bopanna said the trial is not going to be completed anytime soon as more than two-thirds of witnesses are yet to be examined.
The bench also took into account that her ex-husband and co-accused in the case, Peter Mukerjea, had already been granted bail in the case. The bench granted her bail with the same terms and conditions which were imposed on Peter when he was granted bail by the Bombay HC.
Indrani is the prime accused in the sensational murder case and was arrested by Mumbai Police on August 25, 2015, four days after her driver was apprehended. The driver had allegedly revealed about the killing of her daughter born out of a previous marriage.
Senior advocate Mukul Rohatgi, appearing for Indrani, pleaded that she be granted bail as she had been in custody since August 2015 and the trial was also not going to be concluded soon. Referring to the delay in the trial, Rohatgi said that the presiding judge of the trial court had gone on leave for 11 months and nothing happened from June 7 last year to May 4 this year. He further contended that she would be entitled for the benefit of special dispensation under Section 437 CrPC.
"There are 237 total witnesses in the case but only 68 of them have so far been examined. She had been in custody for six and a half years and she is also facing medical problems. Her husband was arrested just a few days after her arrest but he has been granted bail," Rohatgi said while trying to convince the court that it was a fit case for bail.
Additional solicitor general S V Raju, appearing for the CBI, opposed Indrani’s bail plea. Countering the arguments of Rohatgi that it would take a long time for the trial court to conclude the proceedings as around 169 witnesses are yet to be examined, the ASG said he had received instructions from the CBI that 50% of the remaining witnesses would be dropped. He said there is clinching evidence showing her involvement and she may try to influence the witnesses if allowed to come out from jail.
But the bench was not convinced with the submission of the CBI and the court passed the order after a brief hearing.
"We do not intend to comment on the merits of the case which might be detrimental to the interest of either the prosecution or defence. Taking into account the fact that the petitioner has been in custody for six and a half years and that even if 50% of the remaining witnesses are given up by the prosecution, the trial will not complete soon, we are of the considered view that the petitioner is entitled to be released on bail," the bench said.
As per the conditions imposed on her, Indrani had to surrender her passport in the trial court and will not be allowed to leave India without the court's permission. She has to regularly attend the trial and will not seek any adjournment. The court directed that she will not meet or establish contact with the witnesses till recording of evidence is over and in case of two consecutive defaults in appearing before the trial court or breach of any of the above conditions, the prosecution would be at liberty to apply for cancellation of bail.
As per the prosecution, Sheena Bora was killed on April 24, 2012 and her body was buried the next day in a village in Raigad district.
The sensational case, which grabbed headlines for months after it was discovered, was transferred to the CBI in September 2015 from Mumbai Police. In December 2015, CBI arrested Peter Mukerjea for allegedly being part of the conspiracy behind the murder.
