Bail plea citing weak evidence lands accused in trouble, SC favours transfer of case

Vehement submissions to secure bail by an Army man in his wife's death case by referring to weak evidence in the charge sheet landed him in bigger trouble as the Supreme Court Thursday raised suspicion over police probe and asked the Rajasthan government to consider transferring the matter to an "independent investigating agency". The apex court bench headed by Chief Justice N V Ramana was hearing the bail plea of jailed 38-year-old Sahabuddin, a resident of Alwar in Rajasthan who is accused of abetting the suicide of his wife after a fight over a trivial issue and filming her death on his mobile.

The bench, which also comprised Justice Surya Kant, indicated its opinion at the outset to lawyer Abhishek Gupta for the accused saying that his own daughter has given the statement to the police about his involvement in the crime.

It suggested that the offence was grave and it would not entertain the bail plea till the recording of statement of key witnesses. "You have killed your wife and had an illicit affair with other lady. You did not rescue your wife and rather video-graphed the suicide. Please do not invite observations on merits of the case," the bench said.

However, the lawyer vehemently attempted to pursue the plea for bail by inviting the bench's attention to the charge sheet submitted by Rajasthan Police in the case saying there was no direct evidence linking him to the offence and moreover he is an Army personnel and his life would be ruined. The CJI instantly caught some weak-links in the charge sheet and said, "I have not seen such kind of charge-sheet in my entire professional life" and instead of dismissing the bail plea, he issued the notice to the state government flagging the apparent shoddy probe.

The bench, which was advising the lawyer to take back the plea, did not allow him to withdraw it. "Taking into consideration the manner in which investigation appears to have been conducted and consequential charge-sheet dated June 30, 2021 filed against the petitioner, we are prima facie of the view that the matter should be transferred to an independent Investigating Agency for further investigation.

"Issue notice to the respondent – State to consider about sending the instant matter to an independent Investigating Agency for further investigation taking into consideration the charge-sheet filed against the petitioner," the bench ordered. Sahabuddin, presently lodged in Alwar jail, had filed an appeal in the apex court challenging the July 9, 2021 order of the Rajasthan High Court denying him the bail. "Looking to the facts and circumstances of the present case, without expressing any opinion on the merits or demerits of the case, I do not find it to be a fit case for grant of benefit of bail in favour of the accused-petitioner at this stage and, therefore, the bail application is hereby rejected. However, having regard to the circumstances of the case, the petitioner shall be at liberty to file fresh bail application after recording of the statement of the material witness," the high court had said in its order. The accused had married to deceased spouse in 2002 and it was alleged that he had extended some financial help to the brother of his wife and had a fight with her over demand of money, the high court had noted in its order. The accused said, after the verbal duel, he came out and his wife committed suicide after locking herself inside the room in April, this year. The accused said he had tried to save the deceased by making several request to open the door of the room.

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