The Court of Sessions for Greater Bombay, presided over by Additional Sessions Judge Rajesh A. Sasne, delivered a crucial order on March 6, 2024, allowing the bail application of Swapnil Bombale s/o Babaji Bombale in Criminal Bail Application No. 475 of 2024. The applicant was arrested in connection with C.R. No. 205/2023 registered with Wadala Police Station for serious offenses including Trafficking (Section 370 IPC), Kidnapping (Section 363 IPC), Administering Poison (Section 328 IPC), and Attempt to Commit Offense (Section 511 IPC), alongside relevant sections of the Juvenile Justice (Care and Protection) Act (Sections 84 and 87). The Court’s decision was predominantly influenced by the principle of parity, noting that the co-accused with more direct roles in the crime had already been granted bail, a key concept for Indian criminal law blogs discussing co-accused bail parity.
The Chain of Conspiracy and The Applicant’s Role
The prosecution’s case involved the kidnapping of a young boy, Vikas, who was playing near his house. The primary accused, Sanika Waghmare, who resided in the vicinity, allegedly took Vikas to Kalyan, informing the informant’s husband that she was offered ₹2 lakhs by one Pawan Pokharkar to bring a 10-year-old boy. The child was eventually brought back to the police station by two individuals who stated Sanika had handed him over to them. The investigation subsequently revealed a multi-tiered conspiracy for child trafficking.
The applicant, Swapnil Bombale, was placed at the end of this chain of demand. The prosecution alleged that the applicant had “asked the accused Sarthak to kidnap the child and said applicant Swapnil will pay Rs. 2 lakhs to him.” Furthermore, the applicant allegedly told Sarthak that one Nitin had demanded the child and offered him ₹6 lakhs for the kidnapping. The applicant, along with accused Sarthak, was also stated to have traveled in the car to Kalyan at the time of the kidnapping. While the main accused, Sanika Waghmare, was the one who actually kidnapped the child, the applicant’s alleged role was that of the initial buyer or facilitator in the trafficking chain.
The Defense Plea and The Principle of Parity
The defense, led by Advocate R.G. Gadgil, argued that the applicant was innocent, had cooperated fully with the investigation since his arrest on November 21, 2023, and that nothing further was to be seized from him. They emphasized his clean criminal record and status as the sole earning member of his family.
The most compelling argument, and the one that ultimately swayed the court, was the principle of parity. The record showed that the main accused, Sanika Waghmare (the actual kidnapper), and the intermediate conspirators, Sarthak and Pawan Pokharkar, had already been released on bail. The Court, in its reasoning, accepted that since those co-accused who had more direct or pivotal roles in the physical act of kidnapping and conspiracy were granted liberty, the applicant, who was allegedly involved in the subsequent procurement aspect of the crime, was also entitled to bail on the ground of parity. Furthermore, the Court noted that the charge-sheet had been filed and the investigation was completed, rendering the further incarceration of the accused unnecessary for pre-trial investigative purposes.
Conditional Release and Judicial Safeguards
The Court allowed Criminal Bail Application No. 475 of 2024, ordering the release of Swapnil Bombale on bail upon furnishing a Personal Bond (P.B.) and Surety Bond (S.B.) of ₹25,000/- with one or two sureties.
To ensure the integrity of the judicial process, the Court imposed standard but essential conditions. To facilitate immediate release, provisional cash bail in the like amount was allowed for four weeks. The applicant was strictly directed not to tamper with the prosecution witnesses and evidence in any manner. He must attend all dates of hearing before the trial court strictly unless exempted and is prohibited from leaving India without the Court’s prior permission. This order reaffirms the judicial commitment to avoiding indefinite pre-trial detention, particularly when key co-accused are already out on bail and the investigation is finalized.