Sheena Bohra Murder Case: Indrani Mukherjee's Bail Application Opposed

Coverage of this Article

KEY TAKEAWAYS

-Indrani Mukherjee was Sheena Bora’s mother. She is accused of murdering her daughter for financial, and personal reasons including a land dispute issue.

INTRODUCTION

-Indrani Mukherjee was born and brought up in Guwahati. Since 2015, she has been imprisoned in Mumbai's Byculla jail.

FURTHER DETAILS

-Sheena Bora was a 24-year-old girl who had relocated to Mumbai, and her mother, Indrani, had married Peter Mukherjee about the same time.

ALLEGATIONS AND ADDITIONAL CHARGES

-According to the initial charge sheet, issued on November 19, 2015, the CBI identified Indrani, Khanna, and Rai as the defendants in the case. Rai afterward became an approver. Investigators believe Sheena's death was motivated by her relationship with Rahul as well as certain financial activities that would have a direct influence on Indrani and Peter if they were to marry.

SECTION 302 IPC

-SECTION 201 IPC-Provides penalty for causing the destruction or eradication of evidence of the crime or providing misleading information to the offender's screener.

WITNESS TAMPERING- AN IMPORTANT ASPECT IN INDRANI’S CASE

-The act of seeking to illegally influence, change, or prevent the testimony of witnesses in criminal or civil proceedings is known as witness tampering.

SOME IMPORTANT CASE JUDGEMENTS RELATED TO WITNESS TAMPERING

-The Jessica Lal Case is one of the most high-profile criminal cases in India, demonstrating how witness manipulation and public indignation may have a significant influence on court decisions. As the saying goes "Justice delayed is justice denied,". It demonstrated that the same laws apply to various groups.

SECTION 363 IPC

-Section 363 of IPC says that whoever kidnaps any person from India or from lawful guardianship must be punished with imprisonment of any sort for a time that may extend to seven years, as well as a fine.

SECTION 34 IPC

-According to section 34 of the Indian penal code, when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

CURRENT SCENARIO

-Indrani Mukherjee was a prime accused in her daughter’s (Sheena Bora) murder case.According to reports, Indrani’s bail had already been rejected 5 times.

BAIL APPLICATION AND ITS DUE PROCESSES

-For the release of a person in detention, a bail application is submitted with the court using Form 45 in the 2nd schedule. On behalf of the accused, the lawyer files a bail application.

RECENT STATEMENTS MADE BY INDRANI MUKHERJEE

-The newest development in this intriguing case is that Indrani has submitted a letter to the CBI in which she claims that one of her inmates at Byculla jail claims to have seen Sheena in Kashmir, and she has sought an investigation since Sheena, in her opinion, was on holiday in Srinagar. 

CONCLUSION

-Indrani Mukherjee is a prime accused in the Sheena Bora murder case.

KEY TAKEAWAYS

• Indrani Mukherjee is a prime accused in the Sheena Bora murder case.
• Indrani Mukherjee was Sheena Bora’s mother. She is accused of murdering her daughter for financial, and personal reasons including a land dispute issue.
• Indrani Mukherjee has been in the Byculla jail since 2015 and has applied for bail over 6 times.
• The recent bail application was opposed by the CBI stating that the crime committed by Indrani was heinous and does not deserve any leniency.
• The article also discusses the current statements made by Indrani Mukherjee.

INTRODUCTION

Why is Indrani Mukherjee in Jail?

Indrani Mukherjee was born and brought up in Guwahati. Since 2015, she has been imprisoned in Mumbai's Byculla jail. She was arrested for the murder of Sheena Bora, her daughter, whom she had introduced as her sister for years. Peter Mukherjee, her now ex-husband, was arrested three months after he was detained on allegations of assisting Indrani. Sheena Bora was allegedly murdered by her mother Indrani Mukherjee, who was assisted by her driver Shyamvar Rai and her second husband Sanjeev Khanna, according to reports.

Indrani allegedly told everyone after the murder that Sheena had relocated to the United States. Indrani Mukherjee's driver was caught in a case of having illegal weapons three years later, bringing the murder to light. Sheena's half-burnt body was dug out from a jungle near Mumbai, according to the driver's claim. Indrani and Peter Mukherjee broke their 17-year relationship while still in prison, and were granted a divorce in 2019. In the year 2020, Peter Mukherjee was granted bail.

FURTHER DETAILS

FACTS OF THE CASE

Sheena Bora was a 24-year-old girl who had relocated to Mumbai, and her mother, Indrani, had married Peter Mukherjee about the same time. Sheena subsequently met Rahul Mukherjee, one of Peter's two kids from his first marriage, and they became friends. The two became close and began dating. Indrani's connection with her daughter has deteriorated as a result of this. After their dispute over her connection with Rahul, Indrani called Sheena under the guise of resolving their difficulties. Sheena had agreed to meet Indrani in front of a shop in Bandra. Sheena was dropped off by Rahul on the evening of April 24, 2012, after agreeing to do so. Indrani met Sheena, drove her to the shop, gave her a glass of sedative water, and drove her back to the car. When the drug took effect and Sheena became obviously drowsy, Indrani told Rai, who had previously been informed of the murder through Skype, to drive the car to a secluded lane in Bandra, where Rai and Khanna would hold Sheena down. Indrani strangled her daughter to death at the same moment. Indrani then planned to dispose ofSheena’s body. She decided to leave it in the back seat of her car outside her Worli apartment that night. The trio drove their bodies down to Pen, a small town in the Raigad area, early the next morning. They put the corpse in a steep drop and poured a full can of petrol on it, destroying what she thought was the final piece of evidence.

In the year 2015, Mumbai Police Commissioner Rakesh Maria got an anonymous phone call informing him that Sheena Bora had been missing for three years. Maria had requested an inquiry from PI Dinesh Kadam of the Khar police station later that day, according to a report, and while investigating the matter, he began to suspect Indrani.

Shyamvar Rai, Indrani's driver, admitted to his participation in the murder during the interrogations. They informed the cops that Indrani was the murderer, with her ex-husband Sanjeev Khanna assisting her. The most fascinating aspect of this exceedingly complicated case was the fact that Sheena's murder was only discovered three years after it had taken place. There has never been a missing person’s report made. Indrani and Peter made evasive and inconsistent replies to Rahul and others who inquired about Sheena's whereabouts. Sheena's phone was reportedly used by Indrani to send Rahul texts. She pretended to be Sheena and went on to break off Sheena's relationship with Rahul by claiming she didn't want the relationship anymore.

ALLEGATIONS AND ADDITIONAL CHARGES

On January 17, 2017, Peter and Indrani Mukherjee were charged with murder and conspiracy, and their trial was expected to begin on February 1, 2017.

• In this case, three charge sheets were filed:

1. According to the initial charge sheet, issued on November 19, 2015, the CBI identified Indrani, Khanna, and Rai as the defendants in the case. Rai afterward became an approver. Investigators believe Sheena's death was motivated by her relationship with Rahul as well as certain financial activities that would have a direct influence on Indrani and Peter if they were to marry.
2. On February 16, 2016, Peter was charged for the second time for his suspected participation in Sheena's death.
3. Indrani had discussed with Sanjeev Khanna the potential that if they married, the entire property would go to Sheena and Rahul, according to the third charge sheet issued by the CBI in October 2016. As a result,Vidhie would not receive any of the property.

Additionally, Indrani was also charged under Sections 302, 201, 363, and 34 of the Indian Penal Code.

SECTION 302 IPC

Murder is punishable under Section 302 of the Indian Penal Code. According to this section, anybody who commits murder faces the following penalties:

• Death penalty;
• Indefinite imprisonment;
• A fine will also be imposed on the prisoner.

SECTION 201 IPC-Provides penalty for causing the destruction or eradication of evidence of the crime or providing misleading information to the offender's screener.

WITNESS TAMPERING- AN IMPORTANT ASPECT IN INDRANI’S CASE

The act of seeking to illegally influence, change, or prevent the testimony of witnesses in criminal or civil proceedings is known as witness tampering. Prosecutors have struggled with witness tampering and reprisals against witnesses in organized crime trials.

In the Sheena Bora murder case, Indrani’s bail was rejected and witness tampering was one of the main reasons for the same. Indrani Mukherjee’s case was a high-profile case. She was a highly influential person and was economically and financially a rich and powerful person, if the bail would have been approved, there were high chances that she might hamper the remaining and case-deciding witnesses.

SOME IMPORTANT CASE JUDGEMENTS RELATED TO WITNESS TAMPERING

Manu Sharma v. State (NCT of Delhi), (2010) 6 SCC 1

• The Jessica Lal Case is one of the most high-profile criminal cases in India, demonstrating how witness manipulation and public indignation may have a significant influence on court decisions. As the saying goes "Justice delayed is justice denied,". It demonstrated that the same laws apply to various groups.
• In nations where inequality is strong, powerful criminal defendants use incentives, bribes, or coercion to persuade witnesses to modify their testimony in court, resulting in a miscarriage of justice.

SECTION 363 IPC

Section 363 of IPC says that whoever kidnaps any person from India or from lawful guardianship must be punished with imprisonment of any sort for a time that may extend to seven years, as well as a fine.

SECTION 34 IPC

According to section 34 of the Indian penal code, when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.

CURRENT SCENARIO

Why was Indrani’s bail application rejected?

Indrani Mukherjee was a prime accused in her daughter’s (Sheena Bora) murder case.According to reports, Indrani’s bail had already been rejected 5 times. Recently she applied for her 6th bail, last Wednesday, which was opposed by the CBI.

The judge stated the following reasons for the opposition to the bail application-

• The court noted that other key case witnesses, such as Rahul Mukherjee, accused Peter Mukherjee’s son, and Vidhie Mukherjee, daughter of Indrani Mukherjee and her previous husband and co-accused Sanjeev Khanna, were yet to be questioned.
• "There is no question that the defendant is a powerful and affluent individual. As a result, the prospect of swaying prosecution witnesses cannot be ruled out” according to the judge.
• Indrani Mukherjee told the court that the prosecution's case was "false and unjustified," and that she had approximately 120 papers to back up her claim.
• She said that there is no scientific proof to back up her claim that the crime occurred.
• She criticized the prosecution's evidence for discrepancies in proving her position as a conspirator and one of the murderers of her daughter Sheena Bora.
• She also questioned the investigation's "credibility and constitutionality."
• Indrani Mukherjee alleged that the testimony of prosecution witnesses, including accused-turned- approver Shyamvar Rai, has significant inconsistencies.
• However, the judge stated in his decision that the court cannot pronounce that a piece of evidence is entirely reliable, somewhat reliable, or completely unreliable in the middle of a trial.

BAIL APPLICATION AND ITS DUE PROCESSES

• For the release of a person in detention, a bail application is submitted with the court using Form 45 in the 2nd schedule. On behalf of the accused, the lawyer files a bail application. The offender must present bonds and sureties to the court before being released on bail.
• A person accused of committing a crime that is bailable is entitled to bail under Section 436 of the Code of Criminal Procedure. Bail is a person's right, and this clause makes it mandatory for the police or the court to give bail to anybody accused of committing a crime that is bailable.
• In the year 2005, a new Section 436A was added for pre-trial detainees. If a person has served half of the maximum term for the claimed offence, he might be released on a personal bond with or without a guarantor under section 436A.
• The Supreme Court ruled in Maulana Mohammad Amir Rishadi vs. State of Uttar Pradesh and Anr. that bail cannot be granted only because of criminal history. The court decided in Chandraswami and others vs. CBI that the accused may leave the country after asking permission from the court, but the rationale supplied by the accused was considered to be inadequate, and so the permission was denied.

RECENT STATEMENTS MADE BY INDRANI MUKHERJEE

The newest development in this intriguing case is that Indrani has submitted a letter to the CBI in which she claims that one of her inmates at Byculla jail claims to have seen Sheena in Kashmir, and she has sought an investigation since Sheena, in her opinion, was on holiday in Srinagar. On December 28, 2021, her lawyer, Sana Raees Khan, filed a motion before the special CBI Court in this regard.

CONCLUSION

Indrani Mukherjee is a prime accused in the Sheena Bora murder case. She is accused of criminal charges of killing her own daughter, for personal beneficial reasons. She was arrested by the Mumbai Police in the year 2015. She has been in imprisoned in Mumbai’s Byculla jail for more than 5 years now. She considers herself to be innocent and has been trying to apply for interim bail. In total, her 5 bail applications have been rejected including the 6th one which was opposed this Wednesday. In the case of Indrani Mukherjee, though she filed for bail petitions and there were numerous allegations against her, there was nothing concrete in them as per the Court, and was, therefore, convicted with Sanjeev Khanna, whohad confessed his crime and the driver who turned in to an approver for the CBI or police.