A court in Vasai in Maharashtra's Palghar district that gave bail to actor Sheezan Khan in the Tunisha Sharma suicide case has said there was no need to keep him in jail since the probe was complete and chargesheet filed.
In his order of Saturday, details of which were made available on Sunday, Additional Sessions Judge RD Deshpande said Khan's presence for the hearings can be ensured through certain bail conditions as well as obtaining heavy surety from him.
Sharma allegedly committed suicide by hanging herself on December 24, 2022, on the sets of a TV serial near Valiv in Palghar. Khan (28) was arrested the next day for abetment of suicide on a complaint lodged by Sharma's mother.
"After completion of investigation and filing of chargesheet, I do not find any special circumstances to keep this applicant (Khan) behind the bars. The say filed by the prosecution nowhere contemplates any sufficient grounds for which the applicant is to be detained behind bars," the judge said in the order.
In his submission to court, Khan's counsel Shailendra Mishra said even if it was assumed his client withdrew from the relationship with the deceased, refusal on his part to restore this relationship would not go on to satisfy ingredients of abetment.
The relationship had broken two months prior to the incident and the applicant's role in taking the victim to hospital showed his innocence in the case. Mishra further told court.
Khan is a well known actor and has a permanent place of residence in Mumbai and, therefore, would attend court dates diligently and regularly, he said, adding further jail time for him would mean pre-trial conviction.
In his bail order. Judge Deshpande said, "However, now investigation is complete and police have filed chargesheet in the Judicial Magistrate First Class Vasai. It is important to note even after filing of the charge sheet the police machinery is not able to bring on record as to what really happened between both of them in those last ten minutes." It has been argued by the prosecution the mobile phone of the deceased is not "opening" for collecting data, but that aspect is to be dealt with by the prosecution and the (forensic science) laboratory officials, the judge said.
The judge also cited congestion in jails as one of the reasons for granting bail, adding the prosecution could approach court if Khan violates any of the conditions laid down upon him.
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