Bombay HC Grants Bail To Woman Accused Of Killing Deaf-Mute Husband, Cites Circumstantial Evidence

Mumbai: The Bombay High Court has granted bail to a woman accused of murdering her deaf and mute husband in an alleged conspiracy with her lover and another accomplice, observing that the case against her is built entirely on circumstantial evidence.

Ruksana Shaikh, arrested on August 7, 2024, is accused of plotting the murder of her husband, Arshad Shaikh, along with Jay Chawda—her alleged paramour—and co-accused Shivjit Singh. Chawda was caught at Dadar railway station carrying Arshad’s body in a suitcase, according to the police.

Justice Amit Borkar granted her bail on June 12 saying: “While the nature of the offence is undoubtedly grave, suspicion, howsoever grave, cannot take the place of proof. Further continued detention would amount to pre-trial punishment, which is impermissible.”

The prosecution has relied on an alleged extra-judicial confession made by Shaikh and Chawda before two witnesses, call detail records showing frequent communication between them, and the recovery of a rope and wire purportedly used in the crime. They argued that the relationship between Ruksana and Chawda formed the motive.

However, the Court noted that there is no direct evidence linking Shaikh to the murder. “The chain of events, as presented, may raise suspicion, but the links are yet to be proved so convincingly that they exclude every hypothesis of innocence,” the judge observed.

Shaikh’s counsel pointed out that the case was solely based on inference, and the trial has not yet commenced and may take a long time to conclude. “In such a situation, further incarceration would amount to pre-trial punishment,” the court held.

Shaikh was directed to be released on a personal bond of Rs50,000 with at least one solvent surety. She has been ordered not to tamper with evidence, contact witnesses, or leave the court’s jurisdiction without permission.

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