Bombay High Court Rejects Bail Application Of Indrani Mukerjea

Mukerjea was arrested in August 2015 and accused of strangulating Bora on April 24, 2012, along with her ex-husband Sanjeev Khanna, and dumping the body at Pen, in Raigad district Maharashtra.

The Central Bureau of Investigation alleged that Mukerjea was unhappy with Bora's relationship with Rahul, Indrani's then-husband, former Star TV CEO Peter Mukerjea's son.

Justice Nitin Sambre heard Indrani's counsel at some length on Monday and then asked her to decide whether she wished to withdraw the application as he was not inclined to grant relief.

Advocate Sana Raees Khan argued that Mukerjea, a woman, has already spent over six years in prison. Moreover, her health condition is precarious as she suffers from an irreversible neurological condition.

Khan argued that of the 253 witnesses cited, merely 68 witnesses have been examined, and 185 witnesses are yet to be examined, which means the trial will not be completed in the near future.

She cited CBI's closure of investigation report dated August 17, 2021. Since the report stated the investigation was complete, she argued that Mukerjea's custody is not required.

Khan said, "CBI's entire case hinges on approver Shyamvar Rai's story. He was arrested two days before her, on possession of arms. But, he denied such possession, later destroying his credibility and as such foundation of case collapses."

Rai was Mukerjea's driver and a co-accused with her. However, he deposed as a prosecution witness after he turned approver. Khan argued that the last seen theory of Bora leaving with Mukerjea from a store in Bandra on the day April 24, the day she was murdered, is not proved.

Moreover, despite Bora carrying two numbers, while one numer's Call Data Records didn't show her tower location, the second phone's CDRs were not annexed to the charge sheet.

Khan submitted that the prosecution failed to prove the identity and cause of Bora's death as the FSL reports showed a "gross mis-match" between a post mortem report from 2012 and the skull exhumed from the same location in 2015.

The Special Public Prosecutor for CBI- Sandesh Patil- said the Special CBI court denied Indrani bail five times. Summons have already been issued to Bora's beau Rahul Mukerjea, a prime witness in the case. But the trial was held up due to covid-19 and resumed only earlier this year.

"Rahul Mukerjea will prove motive for murder and also that he dropped Sheena Bora near Amarsons showroom, Khar at 6.30 pm on 24.04.2012," Patil said.

Patil further argued that the court could only consider the prima facie material available at the bail stage. The credibility and reliability of the prosecution witnesses can only be tested at trial.

The CBI cited the SC ruling in the case of Rajesh Rajan Yadav v. CBI in 2007 where the court held that there is "no absolute rule that a long period of incarceration by itself would entitle an under trial to bail."

This was Mukerjea's first attempt to seek bail from the high court on merits of the case; according to her lawyer Sana Khan, they will now move the Supreme Court for bail.

Bora was born out of Mukerjea's previous relationship.

Former media baron Peter Mukerjea was also arrested for allegedly being part of the conspiracy. However, he was granted bail by the high court in February 2020.

His marriage to Indrani Mukerjea ended during the period of incarceration.