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SC expedites poisoning murder trial; accused can reapply for bail if case drags

Kavita Shah and Hitesh Jain were booked by the Mumbai Police in 2022 for the alleged murder of Shah’s husband, Santacruz-based businessman Kamalkant Shah.

supreme courtJain had approached the Supreme Court seeking bail after his plea was rejected by both the sessions court and the Bombay High Court

The Supreme Court has expedited the trial of a woman and her alleged partner accused of murdering her husband by poisoning him with arsenic and thallium mixed with food in 2022, directing a Mumbai trial court to conclude the case within six months.

In an order passed on December 18, 2025, and communicated to the trial court earlier this month, the apex court noted that four witnesses have been examined so far, including one last week.

Kavita Shah and Hitesh Jain were booked by the Mumbai Police in 2022 for the alleged murder of Shah’s husband, Santacruz-based businessman Kamalkant Shah. While Kavita was granted bail in September 2024, Jain remains in custody.

Jain had approached the Supreme Court seeking bail after his plea was rejected by both the sessions court and the Bombay High Court. The Supreme Court said that if the trial is not concluded within the stipulated six months, Jain would be at liberty to file a fresh bail application.

In September 2022, Kamalkant was hospitalised after complaining of pain and died while undergoing treatment. A month before his death, his mother, Sarla, had also been admitted to hospital with similar complaints and subsequently died. No complaint was filed in connection with Sarla’s death.

The police claimed that medical tests conducted on Kamalkant revealed excessive traces of chemical elements thallium and arsenic, which can be used as poison. Other family members were also subjected to medical tests to check whether they, too, had been poisoned. The police alleged that Kavita initially refused to undergo the tests and agreed only after eight days.

According to the police, investigations into the source of the poisoning revealed that Kavita allegedly cooked the food consumed by both her husband and mother-in-law. The eight-day delay, police alleged, was an attempt to buy time, during which Kavita consumed food laced with small quantities of the two poisonous substances to project herself as a victim as well.

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Jain was arrested based on call data records showing communication between him and Kavita, the police said. Seeking bail, Jain claimed he had no role in the crime and that there was no evidence establishing his involvement.

 

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