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2022 Supreme(SC) 1497

L. NAGESWARA RAO, B. R. GAVAI, A. S. BOPANNA
Indrani Pratim Mukerjea – Appellant
Versus
Central Bureau of Investigation – Respondent


Advocates appeared:
Mr. Mukul Rohatgi, Sr. Advocate, Ms. Sana Raees Khan, Advocate, Mr. Sushil Karanjkar, Advocate, Mr. Dhawesh Pahuja, Advocate, Mr. Sandeep Singh, Advocate, For the Appellant / Mr. Suryaprakash V.Raju, Ld ASG, Mr. Sairica Raju, Advocate, Mr. Rajat Nair, Advocate, Ms. Nidhi Banga, Advocate, Mr. Sudarshan. K., Advocate, Mr. Arvind Kumar Sharma, Advocate, Mr. Sachin Patil, Advocate, Mr. Rahul Chitnis, Advocate, Mr. Aaditya A. Pande, Advocate, Mr. Geo Joseph, Advocate, Ms. Shewtal Shepal, Advocate, Mr. Risvi Muhammed, Advocate, For the Respondent.

ORDER

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 61/2 years. He further submitted that she would be entitled for the benefit of special dispensation under Section 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 07.06.2021 till 04.05.2022. He submitted that the trial will not complete soon in view of the large number of witnesses yet to be examined. He further

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