Mumbai, March 5, 2024 – Pawan R. Pokharkar, an 18-year-old student, has been granted bail by the Sessions Court for Greater Mumbai in a case involving child kidnapping and trafficking. Additional Sessions Judge Rajesh A. Sasne, presiding over Court Room No. 30, allowed Pokharkar’s bail application (Criminal Bail Application No. 401 of 2024), citing the principle of parity with a co-accused who was already granted bail.
Pokharkar was arrested by Wadala Police Station in connection with C.R. No. 205/2023, facing charges under sections 370 (trafficking of persons), 363 (kidnapping), 328 (causing hurt by means of poison, etc., with intent to commit an offence), 511 (attempting to commit offences punishable with imprisonment for life or other imprisonment), and 34 (acts done by several persons in furtherance1 of common intention) of the Indian Penal Code (IPC), along with sections2 84 and 87 of the Juvenile Justice (Care and Protection) Act.
The Allegations and Arrest:
According to the prosecution, on November 20, 2023, a three-year-old child was kidnapped from his residence. Co-accused Sanika allegedly took the child under the instruction of Pokharkar, who had offered her ₹2 lakhs. The child was allegedly given a sedative drug and taken to Kalyan. Pokharkar was arrested on November 21, 2023. The prosecution also alleged that co-accused Sarthak Bombale and Swapnil Bombale were involved, with Swapnil offering ₹2 lakhs for the child and Nitin Bibwe offering ₹6 lakhs to Swapnil.
Defense Arguments:
Pokharkar, through his advocates Mohan Rawat and Anil Kumar Jaiswar, argued that he was innocent and falsely implicated. They emphasized his young age, lack of criminal antecedents, and the completion of the investigation with the filing of the charge sheet. They stated that no further recoveries were needed and that he was a permanent resident of his given address.
Prosecution’s Objections:
The prosecution, represented by APP Iqbal Solkar, opposed the bail application. They argued that Pokharkar’s release would affect the collection of evidence, that there was material evidence against him, and that he might flee or tamper with evidence if released.
Court’s Analysis and Decision:
Judge Sasne, after reviewing the application and hearing arguments, noted that the charge sheet had been filed and the investigation related to Pokharkar appeared to be complete. He also noted that a co-accused had already been granted bail. He concluded that, on the ground of parity, Pokharkar was entitled to bail if reasonable conditions were imposed to secure his presence.
Conditions of Bail:
The court granted Pokharkar bail on the following conditions:
- He must furnish a Personal Bond (P.B.) and Surety Bond (S.B.) of ₹25,000 with one or two sureties.
- He must not tamper with prosecution witnesses or evidence.
- He must attend the dates of hearing before the trial court strictly unless exempted.
- Provisional cash bail of the same amount was allowed, with a four-week deadline to furnish surety.
- He must not leave India without prior court permission.
- Bail must be furnished before the concerned Magistrate.
Significance of the Order:
This order highlights the court’s emphasis on:
- Parity: The court considered the principle of parity with a co-accused who was already granted bail.
- Completion of Investigation: The court noted that the charge sheet had been filed and the investigation related to Pokharkar appeared to be complete.
- Conditions to Ensure Presence: The court imposed conditions to ensure Pokharkar’s presence during the trial.
- Balancing Liberty and Justice: The court balanced the accused’s right to liberty with the need for a fair trial.
This ruling underscores the court’s approach in considering the principle of parity and the stage of the investigation when granting bail, even in cases involving serious offenses like child kidnapping and trafficking.