INDRANI PRATIM MUKERJEA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The petitioner has filed this Special Leave Petition challenging the order passed by the High Court on 16/11/2021 dismissing her application for bail. The petitioner is charged of kidnapping her daughter with intention to murder and committing murder after entering into a criminal conspiracy. The petitioner is the wife of Pratim @ Peter Balram Mukerjea who is co-accused in the case. The petitioner is alleged to have committed murder being annoyed by the live in relationship of her daughter, through her earlier husband Sanjeev Khanna with Rahul Mukerjea who is the son of Peter Balram Mukerjea, through his earlier wife-Shabnam Singh.

(2.) Mr. Mukul Rohatgi, learned senior counsel appearing for the petitioner submitted that the petitioner has been in custody for the last 6 1/2 years. He further submitted that she would be entitled for the benefit of special dispensation under Sec. 437 Cr.P.C. There are 237 witnesses cited by the prosecution, out of whom 68 have been examined. He stated that the Presiding Officer was on leave from 7/6/2021 till 4/5/2022. He submitted that the trial will not complete soon in view of the large number of witnesses yet to be examined. He further argued that the co-accused-Pratim @ Peter Balram Mukerjea has been released on bail on 6/2/2020 by the High Court of Judicature at Bombay on the following conditions :

(3.) He relied upon earlier judgments of this Court and argued that accused persons who have undergone a long period of custody in jail during trial have been released on bail.