A Bhopal court on Saturday denied regular bail to former judge Giribala Singh, an accused in the alleged dowry death of her ex-model-actor daughter-in-law Twisha Sharma, holding that prima facie evidence existed against her and that her release could influence witnesses and hamper the ongoing investigation.
Giribala Singh, along with her son Samarth Singh, has been lodged in Bhopal Central Jail since June 2.
“After hearing the parties and considering the material available on record, the Court reportedly held that there exists prima facie evidence indicating the involvement of the accused in the alleged offence. The Court observed that the investigation has collected substantial material, including Call Detail Records (CDRs), WhatsApp chats, statements of witnesses, and other documentary and electronic evidence, which, at this stage, disclose the accused's apparent involvement in the commission of the offence,” advocate Ankur Pandey, legal counsel for Twisha’s father Navnidhi Sharma, stated in a press statement on Saturday evening.
“While rejecting the bail application, the Court further noted that the accused is a retired District and Sessions Judge and is presently serving as the Chairperson of the Bhopal District Consumer Disputes Redressal Commission. In view of her position and influence, the Court observed that the possibility of influencing witnesses or interfering with the ongoing investigation cannot be ruled out if she is released on bail,” Pandey added in the press statement.
The Court also took into consideration the gravity of the allegations, observing that the case concerns the dowry death of a young married woman, which is a serious offence carrying severe penal consequences.
The offences under investigation are punishable with imprisonment extending up to life imprisonment and, therefore, do not warrant the grant of regular bail at the present stage of the investigation.
The defence (Giribala Singh’s legal team) had sought bail on humanitarian grounds, including the medical condition of the accused, the fact that her 100-year-old mother required care, and the need to perform certain rituals relating to the deceased Twisha Sharma.
“However, the Court held that these circumstances were not sufficient to outweigh the seriousness of the allegations and the material collected during the investigation, and consequently declined to treat them as valid grounds for granting regular bail,” Pandey stated.
The Court further expressed concern that, if released, the accused may tamper with evidence, influence witnesses or otherwise hamper the ongoing investigation, making custodial detention necessary at this stage.
The bail application was strongly opposed by the prosecution (CBI counsel) as well as by counsel for Twisha Sharma’s father, Navnidhi Sharma.
Three female judges recused themselves from hearing the ex-judge’s bail application within three days
Importantly, three female judges recused themselves from hearing Giribala Singh’s application for regular bail within three days.
On July 22, District and Sessions Judge (VIII) Surekha Mishra recused herself from hearing the bail application, recording that she had attended the sangeet, marriage and reception ceremonies of accused Samarth Singh. The order also noted that she had earlier declined to hear the anticipatory bail proceedings on the same ground.
The matter was subsequently transferred by the Bhopal Principal District and Sessions Judge to the court of XIth Additional District Judge Suchita Srivastava, who also recused herself, observing that Samarth Singh, as an advocate, was appearing in one of her personal matters before the State Consumer Forum. She therefore considered it appropriate not to hear the present bail application of Samarth’s mother, Giribala.
On July 24, another judge, Special Judge for CBI-related cases Neelam Shukla, recused herself from hearing Giribala's bail application, stating that she had undergone judicial training under Giribala Singh when the latter was serving as an Additional District and Sessions Judge in Gwalior. Observing that the circumstances warranted her recusal to avoid any perception of bias, the judge declined to hear the matter.
The bail application was thereafter assigned to the court of Special Judge (Lokayukta cases) and First Additional District and Sessions Judge R.P. Mishra, who, after hearing all parties on July 24, rejected Giribala Singh’s bail application on Saturday evening.