Mumbai, Maharashtra – April 26, 2022 – Laxmi Deepak Murgesh Kuander, accused of child trafficking, has been granted an extension of her temporary bail by the Sessions Court in Greater Bombay. The court, presided over by Additional Sessions Judge Sanjashree J. Gharat, extended the bail due to the critical health condition of Kuander’s daughter, Pari.

Kuander was arrested in connection with C.R. No. 3 of 2022, registered at the V.P. Road Police Station, and was charged under sections 363 (kidnapping), 370(4) (trafficking of a minor), read with 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code (IPC), and sections 81 and 87 of the Juvenile Justice Act.

Background of the Case:

The prosecution alleged that Kuander, along with co-accused Ibrahim, was involved in the sale of a 4-month-old baby girl. Ibrahim allegedly kidnapped the child from the complainant’s custody, and Kuander is accused of coordinating the transaction and facilitating the sale for Rs. 4,80,000 in Tamil Nadu.

Applicant’s Arguments for Bail:

R. Raut, representing Kuander, argued that his client was falsely implicated and that no overt act was attributed to her. He highlighted that Kuander’s husband was also in judicial custody and that their three minor children were placed in the custody of the Child Welfare Committee (CWC). He also emphasized that Kuander’s daughter, Pari, was critically ill and hospitalized, requiring her mother’s presence.

Prosecution’s Objections:

Kalpana Hire, representing the State, opposed the bail application, arguing that Kuander was a key accused in a child trafficking racket. The prosecution stated that the transaction amount was reflected in Kuander’s bank statements and that she had coordinated with other co-accused. They expressed concerns about witness tampering and the possibility of Kuander threatening witnesses if released.

Court’s Observations and Decision:

Judge Gharat acknowledged the seriousness of the offenses and Kuander’s alleged involvement. However, the court considered the critical health condition of Kuander’s 5-year-old daughter, Pari. Medical reports indicated that Pari was admitted to the ICU, tested positive for COVID-19, and was unconscious. She was diagnosed with primary adrenal insufficiency, requiring regular medication that, if missed, could be fatal.

The court noted that Pari’s condition necessitated her mother’s presence and personal care. Given these circumstances, the court decided to extend the temporary bail previously granted to Kuander.

Bail Conditions:

The court ordered the following:

• The temporary bail granted to Laxmi Deepak Murgesh Kuander in C.R. No. 3 of 2022 is extended until her daughter Pari is discharged from the hospital.
• Kuander must apply for regular bail within seven days of Pari’s discharge from the hospital.

Outcome:

The court’s decision reflects a compassionate approach, balancing the severity of the alleged offenses with the urgent humanitarian need to care for a critically ill child. By extending the temporary bail, the court prioritized the child’s well-being while maintaining the legal process. The condition that Kuander must apply for regular bail post-discharge ensures that the legal proceedings continue.