Sheena Bora Murder: Approver Driver Shyamvar Rai Gets Bail From Bombay HC 7 Yrs After Arrest

Shyamvar Rai, CBI's star witness in the Sheena Bora murder case was granted bail by the Bombay High Court on Saturday, nearly seven years after his arrest. Rai, who was the driver of prime accused and socialite Indrani Mukerjea was first to be arrested in the case. Subsequently he was declared an approver by the Special CBI court in 2016 and deposed as a prosecution witness. He had written to the court in 2015 saying he wanted to "tell the truth about the Sheena Bora murder case." On Saturday Justice Bharati Dangre granted bail to Rai on the same bail conditions as co-accused Sanjeev Khanna, who was granted bail in June, this year. The conditions include release on bail after furnishing a PR bond to the extent of Rs.1 lakh with one or two sureties of the like amount, not to threaten other witnesses, not tamper with evidence, surrender of passport etc. The CBI represented by SPP Sandesh Patil opposed Rai's bail application on the ground that under Section 306(4) in The Code Of Criminal Procedure, 1973 Rai was not entitled to bail. According to clause (b) of Section 306(4) the approver shall not be set at liberty till the termination of the trial against the accused persons and the detention of the approver in custody must end with the trial. However, Rai's counsel submitted that his client was granted conditional tender of pardon under section 307 of the CrPC under which there was no bar on bail. He cited a Supreme Court judgement on this same issue to substantiate his argument. Justice Dangre found substance in Rai's argument and granted him bail. During his deposition before the trial court, Rai had revealed how Indrani allegedly "meticulously planned" her daughter Sheena's murder with the help of her former husband Sanjeev Khanna on April 24, 2012. The CBI claimed that Sheena was strangulated by Indrani, Khanna and Rai in the car. The agency alleged that Indrani's husband and former media magnate Peter Mukerjea knew about the murder and arrested him in the case in November 2015. The case came to light in August 2015 after Bandra police caught Rai while he was trying to get rid of a country-made pistol. Mukerjea was the first to be granted bail by the HC in 2020, just before the covid lockdown. In May, this year, the Supreme Court granted bail to Indrani and the Bombay HC granted bail to Khanna in June on the grounds of parity.Citation : 2022 LiveLaw (Bom) 299Click Here To Read/Download Order

Sheena Bora Murder: Approver Driver Shyamvar Rai Gets Bail From Bombay HC 7 Yrs After Arrest

Sharmeen Hakim

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