The Madhya Pradesh High Court on Wednesday quashed the anticipatory bail of former judge Giribala Singh in theTwisha Sharma death case. Former model-actor Twisha Sharma was allegedly found hanging at her marital home here on May 12. The Central Bureau of Investigation (CBI), which has been probing the matter since Monday, was given the custody of Twisha Sharma's husband, Samarth Singh.
Notably, the CBI has re-registered a Madhya Pradesh police FIR showing Samarth Singh and mother-in-law, Giribala Singh, as accused.
The applications filed for the cancellation of Giribala Singh’s bail have been allowed by the high court. The anticipatory bail granted by the sessions court has been quashed. Justice Devnarayan Mishra set aside the May 15 order of a Bhopal sessions court that had granted anticipatory bail to Giribala Singh on seven grounds.
1) HC was of the opinion that the sessions court had mechanically granted bail on the day FIR was registered without examining the gravity of allegations against her.
2) HC ruled that the trial court failed to adequately consider material available in the case diary, witness statements and allegations made by the deceased’s family while granting relief.
3) From the postmortem, it is clear that there were six injury marks in the body of the deceased, in which four injuries were on the left arm, one on the ring finger, and one on the head, and that was antemortem. From the query report, it is also clear that these injuries were not caused due to taking out the body from the ligature or carrying out to the hospital.
4) From the statements of Twisha’s family and of that of witnesses, there are clear allegations against not only Samarth but also Giribala. From the WhatsApp chats also, it cannot be said that the allegations are only against Samarth Singh, but the trial Court did not consider all these facts.
5) HC observed that statements recorded from Twisha Sharma’s family members since May 13 contained allegations that Giribala Singh, along with her son, had allegedly harassed the deceased and pressured her to terminate her pregnancy.
6) HC took a serious view of CBI’s submission that after getting anticipatory bail, Giribala is not cooperating with the Investigation Agency though several notices were issued to her for recording her statement.
7) HC found merit in the argument of CBI that a deeper probe is required, so custodial interrogation could be necessary given the serious nature of allegations and the stage of the probe.
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