Mumbai, March 19, 2024 – Balkrishna Bhikaji Kamble and Tabassum Sharafuddin Sain have been granted bail by the Sessions Court for Greater Bombay in a child trafficking case. Additional Sessions Judge Rajesh A. Sasne (Court Room No. 30) issued the order on March 13, 2024.
Kamble and Sain were arrested in connection with C.R. No. 72/2023, registered at the DCB CID Unit IX (corresponding to C.R. No. 904/2023 at D.N. Nagar Police Station), for offenses under Sections 370(4) and 370(5) read with 34 of the Indian Penal Code (IPC) and Section 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
Background and Allegations:
The case involves the sale and purchase of minor children for illegal consideration, without legal adoption procedures. Kamble is alleged to have sold his one-year-old daughter to co-accused Vaishali, with the help of co-accused Shafik. Sain, along with co-accused Sonobar Chiplunkar, is alleged to have purchased a boy named Ali.
Arguments Presented:
Advocate Sandeep Sherkhane, representing Kamble and Sain, argued that they were falsely implicated, had been in custody since November 29, 2023, and that the investigation was complete with the charge sheet filed. They also argued that they had no criminal antecedents and were permanent residents.
Additional Public Prosecutor (APP) Iqbal Solkar, representing the State, opposed the bail, arguing that releasing the accused would affect evidence collection, pose a flight risk, and lead to witness tampering.
Court’s Reasoning and Decision:
Judge Sasne considered the allegations, the completed investigation, and the filing of the charge sheet. He noted that the trial would take time and that other co-accused had already been granted bail. He applied the principle of parity, stating that the accused were also entitled to bail.
The court found that reasonable conditions to secure the accused’s presence would suffice and that further incarceration was unwarranted.
Bail Conditions:
Kamble and Sain were granted bail upon furnishing a personal bond (PB) and surety bond (SB) of Rs. 25,000 each, with one or two sureties. The following conditions were imposed:
- They must not tamper with prosecution witnesses or evidence.
- They must not directly or indirectly influence, threaten, or promise any person acquainted with the case.
- They must regularly attend court hearings unless exempted by the trial court.
- Provisional cash bail of the same amount was allowed for four weeks, during which they must furnish sureties.
- They must not leave India without prior court permission.
- Bail to be furnished before the concerned Magistrate.
Order Details:
The order was dictated on March 13, 2024, transcribed on March 14, 2024, and signed on March 19, 2024. The certified copy was uploaded on March 19, 2024, at 3:39 p.m.
This decision reflects the court’s consideration of the completed investigation, the principle of parity, and the imposition of conditions to ensure the accused’s compliance with the legal process.