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IN THE COURT OF SESSION AT GREATER BOMBAY
BAIL APPLICATION NO. 747 OF 2022
(CNR No. MHCC020042552022)
Smt. Laxmi Deepak Murgesh Kuander
)… Applicant/Accused
Versus
The State of Maharashtra
(Through V.P. Road Police Station)
)
) … Respondent
Ld. Adv. R. Raut for Applicant/Accused.
Ld. APP. Kalpana Hire for State/Respondent.
CORAM : HER HONOUR THE ADDITIONAL SESSIONS
JUDGE SMT. SANJASHREE J. GHARAT
(C.R. NO. 39)
DATED : 22.04.2022.
ORDER
This is an application for bail u/s. 439 of Cr.P.C. in C.R.
No. 3 of 2022 registered with V.P. Road Police Station for the offences
punishable u/s. 363, 370 (4) r/w 34 of I.P.C. and under Sections 81, 87
of Juvenile Justice Act.
2.
As per FIR, one Sangeeta Choubey started residing in the
house of complainant on rent. She also promised to offer more amount
to the complainant for looking after her daughter aged 4 months.
Therefore, the complainant allowed Sangeeta Choubey to reside with
her on rent. The said Sangeeta Choubey was doing the prostitution. It is
alleged that one Mr. Ibrahim was visiting the residence of complainant
to meet Sangeeta Choubey. It is alleged that on 01.12.2021 Sangeeta
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Choubey went for work. However, she had not returned home.
Therefore, the responsibility of her baby girl aged 4 months was on
complainant. Even in absence of Sangeeta Choubey Ibrahim used to
visit house of the complainant to see the daughter of Sangeeta Choubey.
So also, he used to look after said child in absence of the complainant.
3.
It is alleged that on 27.12.2021 Ibrahim took the daughter
of Sangeeta Choubey under the pretext that he will take her for Polio
dose. However, Ibrahim not returned home with the daughter of
Sangeeta Choubey. Therefore, the complainant filed the complaint
against Ibrahim for kidnapping the daughter of Sangeeta Choubey. On
inquiry, the Accused Ibrahim disclosed that he sold the daughter of
Sangeeta Choubey for money. Therefore, relevant Sections came to be
added. During course of investigation, it revealed that the Accused
Ibrahim sold the said girl for Rs. 4,80,000/ at Tamilnadu and handed
over to Applicant with the help of present Accused. It is alleged that the
Applicant is the main Accused who coordinated the said transaction
and prepared a plan to reach upto the coaccused who purchased the
said child by giving money without following proper procedure of
adoption and without verifying parents of said child.
4.
The Applicant / Accused claims bail on the ground that he
is falsely implicated in the present offence. She submitted that no overt
act was attributed to her. Moreover, her husband is coaccused and he
is also in J.C. It is further submitted that after their arrest, her three
minor children were given in custody of CWC. Moreover, her daughter
is ill and admitted in Hospital. Therefore, Applicant prayed for released
on bail.
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5.
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The Prosecution has raised objection to grant bail by filing
Say. It is submitted on behalf of the prosecution that the investigation is
in progress. There is racket who are involved in kidnapping the minor
children and selling them for money.
6.
The present Accused is main Accused. The amount received
after sale of child is reflected in her Bank Statement. So also, she co
ordinated with other coaccused. Moreover, coaccused Saddam is not
her husband. It is further submitted that the coaccused is yet to be
arrested. Therefore, if the Accused is granted bail, then there will be
every possibility that Accused will tamper with the prosecution
evidence. So also, there is every possibility that she will threaten the
prosecution witnesses. Therefore, the prosecution strongly objected for
release of Accused on bail.
7.
After going through the Prosecution case and argument
advanced it appears that the coaccused Ibrahim sold the 4 months
daughter of Sangeeta Choubey by kidnapping her from the lawful
custody of complainant through present Accused. Moreover, the co
accused prepared the false documents and sold it to coaccused Anand
Kumar. It appears that the Accused alongwith coaccused are involved
in such type of trafficking of child. The offence is serious in nature. The
Accused is the main Accused involved in the offence.
8.
However, at the time of arrest the daughter of Accused
namely Pari aged 5 years had convulsion. Therefore, she was taken to
the Hospital. As per Reply filed by prosecution and Medical Report
produced on record, Pari was unconscious when she was admitted in
Hospital. After medical examination she found Covid+. She was
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admitted in ICU. As per Report of Medical Officer still Pari not regained
her consciousness completely. She is unable to identify people. She
needs personal attention / Nursing. So also, it is submitted by the
Medical Officer that even her period of admission is also can’t be
determined. As per Medical Report, Pari is having primary Adrenal
Insufficiency. Therefore, if medicines namely Glucorticoids and
Mineralocorticoids are not given to her on regular basis, then it will be
fatal.
9.
No doubt the Accused is involved in serious offence of
kidnapping child aged 4 months and selling for consideration. However,
the Pari who is 5 years is seriously ill. During her critical condition
presence of her mother is also important. Therefore, temporary bail was
granted to the Accused in BA No. 375 of 2022. However, till today the
daughter of Accused is admitted in Hospital. Therefore, the temporary
bail granted to the present Accused needs to be extended till discharge
of her daughter on same condition as per order dated 28.02.2022.
Hence, following Order is passed :
ORDER
1.
The Criminal Bail Application No. 747 of 2022 is
hereby allowed.
2.
The Temporary Bail granted to the Applicant /
Accused Smt. Laxmi Deepak Murgesh Kuander in C.R. No. 3
of 2022 registered by V.P. Marg Police Station to continue till
the discharge of daughter Pari from Hospital.
3.
The Applicant is directed to apply for a regular bail
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within 7 days from the date of discharge of her daughter from
the Hospital.
(SANJASHREE J. GHARAT)
Additional Sessions Judge
City Civil & Sessions Court
Greater Bombay.
Date : 22.04.2022.
Dictation Typed on
Checked & Signed on
:
:
22.04.2022.
25.04.2022.
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
26.04.2022 at 10.10 am
UPLOAD DATE AND TIME
(Y.M. SAKHARKAR)
NAME OF STENOGRAPHER
Name of the Judge (With Court SMT. SANJASHREE J. GHARAT
room no.)
(C.R. NO. 39)
Date
of
Pronouncement
JUDGMENT/ ORDER
of 22.04.2022
JUDGMENT/ORDER signed by P.O. 25.04.2022
on
JUDGMENT/ORDER uploaded on
26.04.2022