Trial in the Sheena Bora murder case, stalled since February 23 when the first witness — police officer Ganesh Dalvi — had begun deposing, is likely to resume from July 4. The CBI informed the special court Thursday that it was yet to decide on whether it wanted to approach the Supreme Court against the Bombay High Court order disallowing as evidence the disclosures made by accused-turned-approver Shyamvar Rai.
Dalvi was part of the police team that had arrested Rai when he was allegedly caught with an illegal fire weapon. Rai’s arrest in that case in 2015 had brought to light the murder of Indrani Mukerjea’s daughter Sheena Bora, according to the CBI.
On February 23, Dalvi deposed on how Rai was caught and further began speaking of the disclosures made by him regarding the alleged murder. The defence advocates objected to it stating that since the disclosures were made before the police by an accused, it could not be admitted as evidence. On Thursday, the court refused to grant further time to the CBI to decide on whether it wanted to approach the apex court.
“The accused are undertrials since 2015. The prosecution is required to take immediate steps to proceed with the matter. The prosecution has sought time to make a decision as to whether they are going to prefer appeal against the high court order. It appears that even today no decision has been taken. Therefore, the prosecution is directed to place the evidence of PW-1 (Dalvi) at any cost,” said special CBI Judge J C Jagdale.
Special CBI prosecutor Kavita Patil said Dalvi was not present in the court and sought an adjournment to continue with his deposition on the next hearing.
On July 4, the CBI is expected to continue with its examination-in-chief of Dalvi, followed by cross-examination by the defence advocates of accused, Indrani, Peter Mukerjea and Sanjeev Khanna.
Meanwhile, advocates Shreyansh Mithare and Gunjan Mangala, representing Khanna and Indrani, respectively, told the court that despite an order on summons to be issued to cellular companies on providing call data records of certain numbers not provided by the CBI in its chargesheets, some summons were yet to be served. The court Thursday directed for the summons to be served to the companies.