The Bombay High Court has granted interim bail to 61-year-old Hemalata Shah, who was accused of forging her deceased husband’s will. The decision, made by Justice Milind Jadhav, came after an urgent hearing late Saturday evening, highlighting concerns over the necessity of her arrest and the conditions of her custody.
Justice Jadhav noted that the arrest of Shah, who suffers from multiple health issues including diabetes, high blood pressure, and cholesterol, appeared to be unwarranted. The allegations against Shah stem from a complaint by her husband’s former business partner, claiming that she forged the will to gain control of her husband’s properties.
Interestingly, the court pointed out that the will in question had already been probated by the high court back in 2020, a fact that should have significantly influenced the handling of the case at the lower levels of the judiciary. However, Shah faced a swift and stringent judicial process; after a non-bailable warrant was issued on March 27, she was arrested the following day, placed in police custody for one day, and then remanded to judicial custody until April 11.
Justice Jadhav expressed dismay at the handling of Shah’s custody, particularly criticizing the magistrate’s court for sending her to police custody without a proper request from law enforcement. He emphasized that once a will has been probated, the issue of its authenticity generally should not be re-litigated, suggesting a lapse in judicial discretion at the magistrate level.
The high court’s decision to grant bail underscores the importance of considering the broader circumstances of the accused, especially when legal precedents and personal health conditions play critical roles. Justice Jadhav has instructed Shah to cooperate fully with the ongoing police investigation as the case continues to unfold. future.
