MP high court rejects bail plea of ex-judge Giribala Singh in Twisha Sharma case
Madhya Pradesh high court rejected the bail plea of former district and sessions judge Giribala Singh in the suicide case of model Twisha Sharma, after a marathon hearing.
A single bench of justice Ajay Kumar Nirankari heard arguments on October 26 and reserved the order. The order was issued on Wednesday.
“Considering the overall facts and circumstances of the case, the nature and gravity of the allegations, the material collected during investigation, the circumstances immediately preceding the death of the deceased, the CCTV footage, the post-mortem reports and, particularly, the fact that further investigation under section 193(9) of the BNSS [Bharatiya Nagarik Suraksha Sanhita] is still in progress and important forensic reports and digital extraction reports are awaited, this court is not inclined to enlarge the applicant on bail at this stage,” said Kumar Nirankari.
Former model Twisha Sharma, daughter-in-law of Giribala Singh, died by suicide on May 12. Police registered a case against Giribala Singh and her son under charges of dowry death and the Dowry Prohibition Act. They have been in jail since June 2 this year.
Observing the cause of death, and that crucial forensic reports are still awaited, the court said that the allegations against the accused require further investigation and careful examination during trial.
The order said, “The opinion of the said medical board, the cause of death is asphyxia as a result of antemortem hanging, suicidal in nature, produced by the examined ligature material...Thus, both the post-mortem reports indicate antemortem hanging by ligature as the cause of death. It is also apparent from the final investigation report that further investigation in the matter is still in progress under section 193(9) of the Bharatiya Nagarik Suraksha Sanhita, 2023.”
The court further noted that key electronic evidence is yet to be received.
“The data extraction from the primary mobile phone...belonging to the deceased, is still awaited. Such extraction may reveal further material relevant to the allegations against the accused persons and may also assist in identifying other witnesses connected with the incident. Similarly, the extracted data from the DVR installed at the residence of the applicant has been forwarded to the Central Forensic Science Laboratory (CFSL), Directorate of Forensic Science Services, New Delhi, for forensic examination, particularly to ascertain the continuity and authenticity of the CCTV footage. The forensic report is still awaited. In the event that any alteration or tampering with the recorded data is detected, the same may require further investigation,” the order said.
The order referring to the conduct of the applicant after the incident, said, “The case diary also contains material indicating that, after the incident, the applicant allegedly contacted certain influential persons holding high positions. The circumstances surrounding such communications would also require examination during further investigation.”
Giribala Singh’s advocate, Surendra Singh, argued that there was no mens rea (guilty mind) on the part of Giribala Singh.
However, having regard to the conversations exchanged by the deceased with her family members immediately prior to the incident, the CCTV footage collected during investigation, the circumstances in which the deceased was found and the material relating to the subsequent conduct of the accused persons, the court said that the allegations and the respective roles of the accused persons require further investigation and careful examination during trial.
“At this stage, the contention regarding absence of mens rea cannot be considered in isolation from the other circumstances emerging from the case diary,” it reads.
Earlier, the former judge was granted anticipatory bail by the Bhopal district and sessions court on May 15. The high court was subsequently moved challenging the anticipatory bail and seeking a second post-mortem of the deceased. The court ordered a fresh post-mortem by a team from AIIMS, Delhi, and on May 27 cancelled the anticipatory bail. The probe was later handed over to the Central Bureau of Investigation (CBI).
Meanwhile, the deceased’s father, Navnidhi Sharma, filed a petition in the Supreme Court seeking transfer of the case outside Madhya Pradesh, naming the CBI, Giribala Singh and her son Samarth Singh as respondents.
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