Mumbai, January 19, 2024 – The Mumbai Sessions Court has granted bail to Rizwana Khatun @ Hina Rafiq Khan, who was accused in a case of child abandonment leading to death, registered under Sections 315 and 317 of the Indian Penal Code (IPC).

The bail order was issued by Additional Sessions Judge Dr. A. A. Joglekar, who ruled that the accused had been arrested based on suspicion, and the prosecution itself had conceded that bail could be granted with conditions.

Case Background

The case was registered as C.R. No. 316/2023 at Sion Police Station, following the discovery of a deceased infant in a garbage bin near the casualty section of Sion Hospital on December 8, 2023.

According to the prosecution’s case:

• The informant, while disposing of garbage near the hospital’s public toilet, noticed an infant’s body dumped inside a trash bin.
• The infant had been abandoned, allegedly by someone attempting to avoid responsibility.
• The case was treated as a criminal offense, and an investigation was launched to determine who had abandoned the baby.

Following the initial probe, police suspected Rizwana Khatun of being involved in the incident and arrested her.

Defense and Prosecution Arguments

Defense counsel, Advocate Ravishankar S. Dwivedi, argued that his client was falsely implicated in the crime. He stated that:

• Rizwana had undergone treatment at Sion Hospital but was not present there on December 7 or 8, 2023 (the dates relevant to the case).
• She was arrested purely on suspicion and without direct evidence linking her to the offense.
• The case against her was based on hearsay, making her continued detention unjustified.

On the other hand, Public Prosecutor Abhijeet Gondwal opposed the bail plea, arguing that:

• The accused is unmarried, and police are still searching for the infant’s father to determine if she was pressured into abandoning the child.
• Key forensic reports related to blood and biological samples were still pending, and granting bail could hamper the investigation.

Court’s Observations and Decision

After reviewing the arguments, Judge Joglekar noted that:

1. The arrest was made purely on suspicion, with no clear evidence proving that the accused had abandoned the infant.
2. The investigating officer’s conduct raised concerns, as the prosecution’s initial stance suggested bail could be granted, but this was later changed. The court found this approach questionable.
3. The investigation had substantially concluded, and there was no longer a need for custodial detention.

The court ruled that Rizwana could be granted bail with strict conditions to ensure her cooperation with the ongoing investigation.

Bail Conditions

Rizwana Khatun was granted bail on the following terms:

• ₹30,000 Personal Bond with one or two sureties.
• She must not contact or threaten witnesses or tamper with evidence.
• She must report to Sion Police Station every Tuesday and Friday between 11:00 AM and 4:00 PM until further notice.
• She must surrender her passport, or if she does not possess one, she must submit an affidavit stating the same.
• She cannot leave India without prior permission from the court.
• Any violation of these conditions will result in the cancellation of bail.

Legal and Social Implications

This case highlights the complex legal and social dimensions involved in infant abandonment cases. The court’s decision reflects a balanced approach, ensuring justice for the deceased infant while also protecting the rights of an accused who was arrested based on suspicion.

With the bail granted, Rizwana will remain free while the investigation continues, and authorities will now focus on identifying the infant’s father and determining whether external pressures influenced the abandonment.

This ruling once again emphasizes the importance of evidence-based prosecution in sensitive cases involving women’s rights, reproductive health, and child welfare.