Bombay High Court
Shabnam Umar Shaikh vs The State Of Maharashtra on 3 September, 2018
Author: Prakash D. Naik
Bench: Prakash D. Naik
Sknair 12-ba-1577-18.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 1577 OF 2018
Shabnam Umar Shaikh ... Applicant
Vs.
State of Maharashtra ... Respondent
...
Mr. Aabad Ponda I/by Mr. Ashish Raghuvanshi for the applicant.
Mrs. G.P. Mulekar, APP for the Respondent-State.
...
CORAM : PRAKASH D. NAIK, J.
DATE : 3rd SEPTEMBER, 2018.
P.C.
1. This is an application for bail. The applicant was arrested on
25th January, 2018 in connection with C.R. No. I-49 of 2018
registered with Mumbra Police Station Thane for the offence
punishable under Sections 371, 370, 120(B) of Indian Penal Code
and Sections 75 and 81 of Juvenile Justice Act.
2. The prosecution case is that the police received the
information that on 25th January, 2018 one man and woman are
coming at a particular place to sell the new born child. The police
therefore decided to lay the trap. Panchas were called. The police
reached the hospital, one man and woman came near the hospital
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holding one child. On inquiry they could not give satisfactory
explanation. Hence, they were taken in custody. Women told her
name as Hasina and the other person told his name as Mohd Ayub.
On further inquiry they informed that child was produced by them
from Shabnam whose name was not known to them and further
information is that they had shown the place where they took the
custody of the child. Applicant accused who had allegedly
confessed that child was sold to the couple for an amount of
Rs.30,000/-. In pursuant to that FIR was registered, the applicant
was arrested. The applicant was remanded to custody from time
to time. The couple who had purchased the child were found in
possession of the child and were also arrested and they are in
custody. The mother of the child was also impleaded as accused.
She preferred an application for anticipatory bail which was
allowed by this court vide order dated 2nd August, 2018. The other
relations of the said accused were also granted anticipatory bail by
this Court.
3. Taking into consideration the case of the prosecution it
appears that the child was born to the accused Humaira Mohiddin
Sayed and with her consent the child was being sold to the couple.
On perusal of the statement recorded by the police it appears that
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the name of the applicant was referred to Mousina to whom the
child was directed to be handed over. The statement of Mousina
was recorded on 29th January, 2018. She is not impleaded as
accused but the statement is being recorded as a witness.
4. Learned advocate for the applicant submitted that Section
370 as well as 317 of Indian Penal Code are not attracted in this
case. Role attributed to the, applicant is that she handed over
child to the couple. It is further submitted that investigation is
completed and the chargesheet has been filed. There are no
reported criminal antecedents against the applicant.
5. Learned APP submitted that the offence involves human
trafficking. The present applicant handed over the child to
accused No.1 and 2 and accepted the amount as 30,000/- and as
per CDR report show that the applicant was in contract with other
accused. Applicant was knowingly involved in the offence of
human trafficking. She submitted that section 370 is attracted in
this case.
6. I have gone through the documents on record. It is pertinent
to note that the entire investigation is completed and the
chargesheet has been filed. The applicant is in custody from the
date of arrest. On perusal of Section 370 of IPC it can be seen it
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refers to trafficking of person for the purpose of exploitation. It is
pertinent to note that in the present case new born child was being
sold. It is not the case of the prosecution that couple who had
purchased the child is indulging in human trafficking. It is not the
case of the prosecution that child was sold through accused
without the consent of the mother. Be that as it may, it could not
appropriate to scan the evidence on record at this stage. However,
applicability of the said provisions is debatable. The applicant is in
custody from the date of arrest. Investigation is completed and
chargesheet has been filed. The mother of child and other
relations impleaded as accused has been granted bail.
ORDER
i) Criminal Bail Application No. 1577 of 2018 is allowed.
ii) The applicant is directed to be released on bail in connection with C.R. No. I-49 of 2018 registered with Mumbra Police Station on furnishing P.R. Bond of Rs.20,000/- (Rs. Twenty Thousand only) with one or more sureties in the like amount;
iii) The applicant shall attend Mumbra Police Station once in a month on first Saturday between 10 a.m. to 12 noon till conclusion of the trial;
iv) The applicant shall not tamper with the evidence and/or 4 of 5 Sknair 12-ba-1577-18.odt influence the prosecution witnesses.
v) The application stands disposed off.
Digitally ( PRAKASH D. NAIK, J. ) signed by Sachidanand Sachidanand Kuttan Nair Kuttan Nair Date:
2018.09.05 12:00:37 +0530
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