Bail Application No.119/2024.
MHCC020008262024
IN THE COURT OF ADDITIONAL SESSIONS JUDGE MUMBAI,
AT GR. MUMBAI
CRIMINAL BAIL APPLICATION NO. 119 OF 2024.
IN
C.R. NO. 316 OF 2023.

Rizwana Khatun @ Hina Rafiq Khan
…Applicant.

Vs.
The State of Maharashtra,
(At the instance of Sion Police Station,
Vide C.R.No.316/2023).

…Respondent.

Appearances :Ld. Adv. Mr. Ravishankar S. Dwivedi for the Applicant.
Ld. APP. Mr. Abhijeet Gondwal for the State/Respondent.
CORAM : H.H. THE ADDITIONAL SESSIONS JUDGE
DR. A. A. JOGLEKAR (C.R.NO.37)
DATED : 17TH JANUARY, 2024.
ORAL ORDER
By this application the applicant Rizwana Khatun @ Hina
Rafiq Khan being accused in C.R.No.316/2023 registered with Sion
Police Station for the offences punishable under Sections 315 and
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Bail Application No.119/2024.
317 of the Indian Penal Code, (hereinafter referred to as, “IPC”),
seeks bail under Section 439 of the Code of Criminal Procedure, 1973
(In short, “Cr.P.C.”).
THE CASE OF PROSECUTION IN SHORT ENSUES AS UNDER;
2.

It is the case of the prosecution that, as on 08.12.2023 at
about 6.40 hours while the informant had been to take out the waste
garbage near the public toilet near the casualty section of Sion
Hospital, wherein it revealed to the informant that some unknown
individual in order shirk of the responsibility of an infant has thrown
the infant in the garbage tub, and which resulted into the death of
the infant. Hence offence was registered under sections ibid.

3.

Ld. Advocate for applicant states that, the applicant is
falsely implicated in the present crime. It is categorically stated that
the applicant/accused had her treatment from Sion hospital and has
her medical papers to that effect. Also that the applicant was never to
Sion Hospital as on 7th or 8th December, 2023. Further the applicant is
merely arrested on suspicion and upon hearsay. Hence, the Ld.
Advocate for applicant prayed for enlarging the applicant on bail.

4.

Per contra the Ld. Prosecutor has filed their reply vide
Exh.2 and inter alia have resisted the application on various grounds.
It is categorically stated that the applicant/accused is unmarried and
the search of the infant’s father is under progress. Further the
investigation with regard to pressurizing the applicant/accused for
the purposes of abortion is under progress. Further analysis report
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Bail Application No.119/2024.
pertaining to the blood and biological samples are yet to be recieved.
Hence, the Ld. Prosecutor prayed for rejection of application.
5.

Heard Ld. Advocate for applicant and Ld. APP for the State.
Perused the application and reply.

6.

Upon copious perusal of the case papers, bail application
and the appended documents it is palpably clear that, the prosecution
has apprehended the applicant/accused on the basis of suspicion. Ld.
Advocate for applicant/accused has invited the attention of this Court
to the fact that the prosecution itself has in their reply apparently
conceded for the enlargement of the applicant/accused. Investigating
officer is present and when he is asked about the same, now states
that they are resisting the application and has filed a report to that
effect stating for the manipulation by the applicant/accused. This
conduct of the respondent agency is highly deprecated and lays their
role under speculation.

7.

Moreover, while deciding an application for bail it is settled
that, the Court is required to see whether the prima-facie case exists
or not. It is not necessary to make roving enquiry or examining the
merits of prosecution case.

8.

Considering the fulcrum of arguments advanced by either
party, it is evident that the fact as stated by the investigating officer
has revealed to him post filing of reply. Investigation has now
substantially concluded. But the superior officer are required to be
informed about the casual approach of the investigating officer, as
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Bail Application No.119/2024.
their casual approach should not amount to betrayal of the
prosecution’s case, more especially when it concerns with the life of a
deceased infant. As the prosecution itself has ventilated for the scope
of enlargement, and that substantial investigation has concluded, I
hold that the apprehension of the prosecution can be taken care of by
saddling stringent conditions on the applicant/accused including
marking of presence before the respondent agency.

In the backdrop
of aforesaid facts, I hold that, the application deserves consideration.
Hence, order infra :ORDER
1. Bail Application No.119/2024 is allowed.
2. The applicant/accused Rizwana Khatun @ Hina
Rafiq Khan being accused in C.R.No.316/2023
registered with Sion Police Station for the offences
punishable under Sections 315 and 317 of the
Indian Penal Code, be released on furnishing P. R.
bond of Rs.30,000/- (Rupees Thirty Thousand
Only) with one or two sureties in the like amount.
3. The applicant/accused and her sureties shall
provide their respective residential addresses,
mobile numbers and email addresses, if any. The
applicant/accused shall intimate any such change in
address or telephone number and Email ID
forthwith.
4. The applicant/accused shall not directly or
indirectly make any inducement, threat or promise
to any person acquainted with the facts of the
present case to dissuade them from disclosing such
facts to the Court.
5. The applicant/accused shall not tamper with the
prosecution evidence in any manner.
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Bail Application No.119/2024.
6. The applicant/accused shall attend the Sion Police
Station on every Tuesday and Friday between 11.00
a.m. and 4.00 p.m. until further order.
7. The applicant/accused shall surrender her passport
if any with the investigating officer. If the applicant
doesn’t have passport, she will furnish an affidavit
to that effect.
8. The applicant/accused shall not leave India without
permission of this Court.
9. Any breach of the conditions in this bail order shall
entail cancellation of bail forthwith.
10.Bail Application No.119/2024 stands disposed of
accordingly.

DR. ABHAY
AVINASH
JOGLEKAR
Date : 17.01.2024.

Digitally signed by
DR. ABHAY
AVINASH JOGLEKAR
Date: 2024.01.18
17:29:21 +0530
(DR. A. A. JOGLEKAR)
Additional Sessions Judge,
City Civil & Sessions Court,
Gr. Bombay (C.R.No.37)
Dictated on
: 17.01.2024.
Transcribed on : 17.01.2024.
HHJ signed on : 19.01.2024.

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Bail Application No.119/2024.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
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