Key Points
- The Madhya Pradesh High Court cancelled the anticipatory bail of retired Bhopal district judge Giribala Singh in the Twisha Sharma death case, quashing an order passed by a sessions court on May 15.
- Twisha Sharma, a 33-year-old model-actress, was found hanging at her husband’s residence on the night of May 12, within six months of their marriage.
- Giribala Singh could now be arrested at any moment by the CBI, or may choose to surrender before the court.
- A Bhopal court sent Twisha’s husband, Samarth Singh, to CBI custody on Wednesday.
The order was passed by vacation judge Devnarayan Mishra at the Jabalpur bench, amid an ongoing probe into the high-profile case that has triggered allegations of bias, procedural lapses, and demands for a fair investigation.
Twisha’s father, Navnidhi Sharma, and the Madhya Pradesh government had petitioned the High Court to cancel the anticipatory bail granted by the Bhopal sessions court. The 17-page ruling dealt a decisive blow to the accused.
Trial Court Faulted for Lapses
In its order, the High Court observed that the trial court failed to properly consider several material facts, including WhatsApp chats and statements made by Twisha’s family members. The Court noted that the WhatsApp chats indicated that allegations extended beyond just the husband, Samarth Singh, to the mother-in-law as well.
The High Court overturned the May 15 ruling by the 10th Additional Sessions Judge in Bhopal, finding that the claims against Giribala Singh warranted further investigation under Sections 80(2), 85, and 3(5) of the Bharatiya Nyaya Sanhita (BNS), as well as Sections 3 and 4 of the Dowry Prohibition Act.
Injury Marks Raise Key Questions
The post-mortem report emerged as a crucial element in the Court’s reasoning. Beyond marks consistent with hanging, additional injuries were found on the body that, according to medical findings, could not be explained as resulting from the process of bringing the body down. The Court stressed that a thorough investigation into the full sequence of events was essential before any relief could be considered.
The High Court also noted that Twisha’s death occurred within seven years of marriage, a legally significant detail under dowry death provisions, and took cognizance of allegations including dowry demands, pressure for an abortion, and sustained mental harassment.
Accused Failed to Cooperate
The Court also raised concern over the conduct of the accused, noting that Giribala Singh had not fully cooperated with the investigation. Statements issued to the media were viewed by the Court as an attempt to influence the probe and tarnish Twisha’s reputation.
For the State, Solicitor General Tushar Mehta and Advocate General Prashant Singh argued the case. Senior Advocate Siddharth Luthra appeared on behalf of Twisha’s father, while Senior Advocate Nitya Ramakrishnan represented Giribala Singh.
CBI Now Free to Arrest
With the anticipatory bail cancelled, the CBI is now at liberty to arrest Giribala Singh at any time. Meanwhile, the CBI has re-registered the Madhya Pradesh police FIR, naming both Samarth Singh and Giribala Singh as accused. Samarth Singh remains in CBI custody and is currently undergoing continuous interrogation, with his remand extending through May 29.
