Twisha Sharma Death Case: Accused Samarth Withdraws Bail Plea, Ready To Surrender

New Delhi: In a major development, accused husband Samarth Singh on Friday withdrew his anticipatory bail plea before the Madhya Pradesh High Court and informed the court that he is willing to surrender after remaining absconding for nearly ten days.

The matter was heard by the Jabalpur bench of the Madhya Pradesh High Court presided over by Justice Avnindra Kumar Singh. 

During the proceedings, the High Court also ordered a second post-mortem of Twisha Sharma, directing that the procedure be conducted in Bhopal by a specialised team constituted by AIIMS Delhi.

Samarth Singh Withdraws Bail Plea

Senior Advocate Mrigendra Singh, appearing for Samarth Singh, informed the court that his client wished to withdraw the anticipatory bail plea and surrender before the trial court.

The counsel also requested the court to direct the trial court to hear and decide Samarth’s bail application on the same day of surrender.

However, Solicitor General Tushar Mehta opposed the request, arguing that the accused, who had been absconding, should surrender before the investigating officer instead of directly approaching the trial court.

“Does the accused have any right at this stage of investigation? He wants to surrender. I have no difficulty. He has no locus to address the court on post-mortem,” Mehta argued during the hearing.

Following the exchanges, Samarth Singh formally withdrew his anticipatory bail plea.

Surrender Before IO or Trial Court: HC Sets Guidelines 

While disposing of the plea as withdrawn, the High Court clarified the legal procedure to be followed if the accused surrenders.

The court observed that if Samarth apprehends custodial torture, he may either surrender before the investigating officer or before the trial court.

Justice Avnindra Kumar Singh further noted that if the accused surrenders before the investigating officer, police may formally arrest him and seek custody as per law.

The court also clarified procedural guidelines for surrender before the remand court or trial court once the chargesheet is filed.

HC Orders Second Post-Mortem

In another major development, the High Court ordered a second post-mortem of Twisha Sharma after concerns were raised regarding the first autopsy report, forensic inconsistencies and alleged gaps in the investigation.

The Bench directed that a specialised medical team formed by AIIMS Delhi conduct the fresh autopsy in Bhopal.

The court also ordered that Twisha’s body be preserved at minus 80 degrees Celsius until the second post-mortem is conducted. Videography of the entire process has also been made mandatory and will form part of the final report.

During the hearing, the court discussed multiple options, including shifting the body to AIIMS Delhi or flying AIIMS experts to Bhopal. Eventually, the Bench decided in favour of bringing the medical team to Bhopal, citing concerns related to transportation and preservation of the body.

The second post-mortem request was strongly opposed by the counsel representing Giribala Singh, who argued that the first autopsy had already been conducted by AIIMS doctors and another procedure was unnecessary.

However, Solicitor General Tushar Mehta maintained that although the professionalism of the doctors was not under question, there was no harm in obtaining a second opinion if the victim’s family believed something may have been overlooked.

Giribala Singh’s counsel also urged the court not to delay the final rites further, citing concerns over decomposition of the body.