Court extends Zaheera's custody till March 29

Mumbai, Mar 20 (UNI) A sessions court today extended the custody of the Best Bakery key witness Zaheera Sheikh till March 29, pending decision on whether she will serve her one year sentence for contempt of court in a Gujarat or a Maharashtra prison.

Zaheera was sentenced to one year imprisionment and a fine of Rs 50,000 by the Supreme Court on March 8 for her flip-flops as the prime witness in the case, which was re-tried in a Mumbai court on its direction.

Additional Session Court Judge Abhay Thipsay today also adjourned till March 29 hearing on the perjury notice sent to Zaheera and her family members for misleading the court during retrial of the case.

She and her brother Nasibullah had informed the court that they had not yet received a copy of the court verdict, which sentenced nine people to life imprisonment and acquitted eight others on February 24. The court said the copy of the judgement would be handed over to them on March 27.

The judge directed them and Zaheera's mother Saharunissa and sister Sairabanu to be present in the court on March 29.

Earlier, Mr Thipsay had granted exemption from personal appearance to Sahrunissa and Sairabanu when Nasibullah informed that they were in mourning following the death of his brother Nafitullah on March 2.

Nafitullah was also issued the perjury notice.

The prosecution today submitted the death certificate of Nafitullah issued by Mira-Bhayander Municipal Corporation.

Sending her back to police lock-up at Bhoiwada till March 29, Mr Thipsay said the court has yet to receive the clarification from the Supreme Court whether Zaheera would have to undergo the one year jail term in a Maharashtra or Gujarat prison.

Three days after she surrendered before the court on March 10, Zaheera pleaded for undergoing the jail sentence in Maharashtra, saying she feared threat to her life in Guajrat. But on March 16, she somersaulted and said she wanted to undergo the jail term in Gujarat, alleging Mumbai police would starve her to death.

Judge Thipsay, who presided over the re-trial of Best Bakery case, had on February 24 issued a show cause notice to Zaheera, her sister Sairabanu, two brothers Nafitullah and Nasibullah and mother Saherunissa. The notice, returnable today, asked them why they should not be punished for misleading the court during the retrial.

They had retracted their statements against the accused and were declared hostile.

Zaheera and her family members had also turned hostile before the Vadodara's fast track, resulting in acquittal of all the 21 accused for want of evidence.

However, the Mumbai court had convicted nine accused to life imprisionment and acquitted eight others in spite of Zaheera and her family members have turned hostile.

The apex court in April, 2004, while ordering retrial of the case outside Gujarat for witnesses to depose without any fear, had quashed the Vadodara court's order acquitting all the 21 accused in the case.

Of them, 17 were re-arrested and brought to Mumbai for retrial, while the remaining four, still untraceable, were declared absconding.

The prosecution today also submitted progress report in respect of the four absconding accused who remains untraceable.

UNI ST SA SC RS1516