The Bombay High Court has granted bail to a 61-year-old woman accused of forging her late husband’s will, noting that her arrest and custody was “unwarranted”.
Justice Milind Jadhav took up the septugenerarian’s bail plea for hearing on March 29, Saturday late evening, which was a court holiday. The court has directed her “forthwith” release, without insisting on personal bond.
The HC was hearing bail plea filed by Hemalata Shah, through advocate Rhea Sinkar. Shah, who is suffering from diabetes, high blood pressure, cholesterol and other ailments, was arrested on March 28 evening at 6pm, a day after a non-bailable warrant was issued by a magistrate. A case was lodged by the Shah’s late husband’s former business partner alleging criminal conspiracy and forgery of her husband’s will. He alleged that the woman forged her husband’s will to stake claim on his properties.
Justice Jadhav noted in his order that the will was probated by the high court on November 27, 2020.
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The court also questioned the “locus” (legal standing in court) of the former partner in filing the complaint, after the will was probated.
The court has questioned the “alacrity” with which the magistrate heard the matter and issued a warrant, terming it as “security”. “The alacrity with which the learned lower Court has proceeded with the matter pursuant to issuance of Non-Bailable Warrant in the facts of the present case is prima facie shocking,” Justice Jadhav underlined.
Justice Jadhav also emphasised that the magistrate ought not to have gone into the issue of forgery, considering that the will was probated by the high court in 2020.
“In my opinion in the aforementioned delineated facts custody of the Applicant is completely unwarranted,” the court said while directing her release forthwith. The court while granting the woman interim bail asked her to cooperate with the police in its probe.
The magistrate issued NBW on March 27. She was arrested on March 28 at 6pm and was produced for remand at 10:24 pm. Without police requesting her remand, the magistrate sent her to police custody for a day. The following day, she produced her again when she was sent to judicial custody till April 11, and her bail rejected. Hence, her advocates urgently approached the HC for bail, which was heard by Justice Jadhav post 6.40pm on a holiday.
