Indrani Mukherjea, former media executive who is accused of killing her own daughter, has been granted bail by the Supreme Court on Wednesday observing that she has been in custody for 6.5 years which is “too long a time”.
A bench of Justices L Nageswara Rao, BR Gavai and AS Bopanna refrained from make any observations on the merits of the case but said that the trial is unlikely to end soon and the lady had been behind bars for 6.5 years.
“Indrani Mukherjea has been in custody for 6.5 years. We are not making comments on merits of case. Even if the 50 percent witnesses are given up by prosecution, the trial would not be over soon,” said the SC.
The apex court has clarified that: “She will be released on bail subject to satisfaction of the trial court. The same conditions imposed on Peter Mukherjea will also be imposed on her.”
On November 16, the Bombay High Court had rejected her bail plea saying: “The material in the form of circumstantial evidence very much connects the direct involvement of the applicant (Indrani) in the crime.”
Her bail applications have been rejected on four earlier occasions by the special court and the HC.
She then filed an appeal before the SC seeking bail.
Indrani’s counsel Mukul Rohatgi argued that she is a lady entitled to special dispensation under section 437 and she has been in jail since 6.5 years. Rohatgi further argued that the trial has not progressed since last 11 months. Rohatgi further contended that hardly 68 of the total 237 witnesses have been examined in the case so far. Besides, he contended that she had never been put of parole (temporary release before the expiry of a sentence) all these years.
On a court query, Rohatgi said that she did not avail parole leave. He further informed the SC that her then husband Peter too has been granted bail.
Rohatgi said that, while granting bail to Peter, he was asked to submit his passport, regularly attend trial, not to establish contact with witnesses and not to tamper with evidence.
When Rohatgi said that “they (Indrani and Peter) are accused of killing their own daughter, this is bizarre”, justice Gavai remarked: “Not their own. it was only of the woman (Indrani).”
Opposing her bail plea, Additional Solicitor General SV Raju, appearing for the CBI, argued: “One witness has been examined who has nailed the lady to the hilt. He turned an approver.” Eh further said that Peter’s role was very limited.
Highlighting the gravity of the crime, Raju said that there has been tampering of evidence in the case since Sheena’s body was destroyed.
The apex court noted in its order that Indrani had been charged with murdering her own daughter after conspiring with her husband. “The allegation made against the petitioner (Indrani) is that she planned the murder in view of live in relationship of daughter with Rahul Mukherjea who was the son of Peter Mukherjea and his earlier wife,” added the court.
The SC bail order would be placed before the special CBI court which will impose conditions on her following which she will be released from the Byculla Prison, where she is currently lodged.
The case:
As per the prosecution’s case, Indrani conspired with her then husband Peter Mukherjea and ex-husband Sanjeev Khanna and murdered her daughter Sheena with the help of her then driver Shyamvar Rai. Sheena was allegedly drugged and strangulated in a car by Indrani and Khanna and her body disposed of in a suitcase in Pen area of Raigad district.
Indrani was arrested in 2015 and chargesheeted as accused for offences punishable under Sections 120B (criminal conspiracy), 364 (kidnapping), 302 (murder) and 201 (destruction of evidence) of the Indian Penal Code.
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