'Trial Not Going To End In 10 Years; 185 Witnesses To Be Examined' : Indrani Mukerjea Seeks Bail In Sheena Bora Murder Case; SC Issues Notice

On hearing Senior Advocate, Mr. Mukul Rohatgi appearing for Ms. Mukerjea, a Bench comprising Justices L. Nageswara Rao and P.S.Narasimha agreed to entertain her bail plea.

"Issue Notice. Returnable in two weeks."

Mr. Rohatgi apprised the Bench that she had been in jail for the past 6.5 years. Considering the current state of affairs, he argued that the trial, in all probabilities, will not come to an end in the coming 10 years.

"Six and a half years she has been in jail. The trial is not going to end in the next 10 years."

The Bench enquired, "How many witnesses are there?"

"185 yet to be examined", responded Mr. Rohatgi.

He submitted that the trial court has been vacant without a presiding officer since June, 2021. Moreover for the past 1.5 years no witnesses have been examined.

It was brought to the attention of the Bench that Ms. Mukherji's husband, who is a co-accused, has already been granted bail. He also informed the Bench that she was suffering from cerebral ischemia.

"Trial court is vacant without a presiding officer since June 2021. No witness has been examined for the last 1.5 years. My husband is on bail. This lady is not well. She is suffering from cerebral ischemia."

In April 2012, a case was filed with the Mumbai Police alleging kidnapping and murder of Sheena Bora. Ms. Indrani's driver, who was arrested in another case confessed to having murdered Bora and informed the Mumbai Police that her mother, Ms. Indrani was involved in the murder. The CBI took up the investigation in 2015. Ms. Indira was arrested and so was her husband Mr. Peter Mukerjea, who was granted bail by a Special Court in March 2020.

Ms. Mukerjea, who is presently lodged in Byculla jail, Mumbai wrote a letter to CBI in December, 2021 stating that she would move the Special Court to record the statement of an inmate who had claimed to have met Bora in Kashmir. A Special Court accepted Ms. Mukerjea's application, apprising it that Bora was alive and in Kashmir. It asked the CBI to file a reply in the matter.

In 2016, Ms. Mukerjea's first bail plea on medical grounds was rejected by the Special Court. Her second plea was rejected in September, 2017, wherein the Special Court had observed that she would be safer inside the prison. In Nov, 2018, her third plea was rejected by the Special Court stating that if released she could tamper with evidence and witnesses. Again on 06.08.2020, her bail was rejected on the ground that she being an influential person could influence witnesses. On 16.11.2021, the Bombay High Court rejected her bail plea. The High Court stated that material in the form of circumstantial evidence strongly supported her direct involvement in the murder. On consideration of her plea on medical grounds it was opined that the prosecution had taken enough precaution and had provided the best medical facilities to her. Observing that delay in trial cannot be a ground for release, the High Court stated -

"Even if the trial has begun, it is likely to take some time and cannot be a ground for release in the present case, particularly given the nature of the offence alleged to have been committed by Mukerjea, which requires the defence to examine such a large number of witnesses to prove the accused's guilt. Even so, the trial was delayed due to a pandemic that lasted more than a year, which cannot be blamed on the prosecution."

[Case Title: Indrani Mukherji v CBI]