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B.A. 477/24
MHCC020031952024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.477 OF 2024
Shakeel Makrani
Age : 46 years, Residing at R.No.296,
Moula Baksh Chawl,
Cama Road, Gaon Devi Dongri,
Andheri 400058.

… Applicant/
Accused No. 3.

– Versus The State of Maharashtra
(At the instance of C.R.No.72/2023
DCB CID Unit IX (Corresponding
C.R.No.904/2023 D.N. Nagar Police Station)
… Respondent
Appearance :Advocate Ansari for the applicant.
APP Iqbal Solkar for the respondent / State
CORAM : RAJESH A. SASNE
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 07/03/2024
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
C.R.No.72/2023 registered with DCB CID Unit-IX, (Corresponding
C.R.No.904/2023 D.N. Nagar Police Station) for the offences punishable
under Sections 370(4), 370(5), 34 of the Indian Penal Code and Section
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B.A. 477/24
81 of Juvenile Justice Care and Protection Act, 2015.
2.

It is alleged by the applicant / accused that she is innocent
and falsely implicated in the present case. The accused is arrested on
23.11.2023.

He
has
undergone
custodial
interrogation.

The
investigation is completed. There are no criminal antecedents against
the accused. Charge sheet is filed. Investigation is completed. Therefore,
there is no point in keeping accused behind bars till conclusion of trial.
He is permanent resident of him given address therefore he prayed for
releasing him on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if the accused is
released on bail it will affect on the collection of evidence. If the
accused is released on bail there are chances of flee from justice. If the
accused is released on bail there are chances of threatening of
prosecution witnesses and tampering of prosecution evidence. Hence,
prosecution prayed for rejection of the application.
4.

Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant, ld. APP for the respondent / State.
5.

It is the case of the prosecution that the informant Rubina
Khan is the sister of the accused Shabbir Khan. The accused Saniya is
the wife of the accused Shabbir Khan. Therefore, accused Nos.1 and 2
are the husband and wife. It is alleged that they are having habit of
consuming drugs. They have three children, out of their wedlock. Their
elder son is Subhan age four years. They have another son Hussain of
two years and third is baby girl age about two months. The financial
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B.A. 477/24
condition of accused Shabbir and Saniya is not sound. They came to
reside at the house of the informant Rubina. Therefore, the informant
noticed that both accused are accompanied only by their elder son
Subhan and not by Hussain and newly born baby girl. On repeatedly
asking about said fact and absence of Hussain and baby girl, the
accused Saniya informed that as both of them are in habit of consuming
drugs, therefore, they were not having money and for this reason they
have sold their son Hussain and newly born baby girl. It is alleged that
baby girl was sold at Rs.14,000/- to the applicant / accused No.3 Shakil
Makrani. On the basis of disclosure statement, two months baby girl
was released from the custody of applicant / accused No.3 Shakil. On
the basis of investigation the police found that accused Usha
Manikappa, Vaishali, Shafik are having active role in the commission of
this offence. It is alleged that accused No.8 Balkrishna B. Kamble has
sold his one year old daughter to the accused No.6 Vaishali. The accused
No.7 Shafik helped for this transaction. Said daughter was released
from the custody of the accused No.6 Vaishali. In the investigation the
police found that accused No.9 Sonobar Chiplunkar, accused No.10
Tabassum S. Sain and accused No.11 Safiya are also involved in the
commission of this offence. During investigation it was revealed that
accused No.7 Shafik with the help of accused No.8 Balkrishna Kamble
sold his daughter age about one year two months. The accused Nos.9
and 10 purchased boy namely Ali. Accordingly report was lodged and
offences are registered u/Sec.370 of IPC and section 81 of Juvenile
Justice Care and Protection Act 2015. There is allegation about human
trafficking. There is transaction of buying and purchasing of minor
children for illegal consideration. There is no legal adoption.

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6.

B.A. 477/24
The role attributed to the present applicant / accused is
that he purchased the infant from accused No.2. The charge sheet is
already filed. Investigation is completed. The trial will take its own time
to conclude it on merit. If reasonable conditions securing presence of
accused are imposed, he will be entitled for the bail. Further,
incarceration of the accused is unwarranted. Hence I am of the view
that the applicant / accused is entitled for the bail. In the result, I pass
the following order :
ORDER
1]
Bail Application 477 of 2024 is allowed.

2]
Applicant
/
Accused
Shakeel
Makrani,
arrested
in
C.R.No.72/2023 (Corresponding C.R.No.904/2023 D.N. Nagar Police
Station) under Section 370(4), 370(5), 34 of the Indian Penal Code and
Section 81 of Juvenile Justice Care and Protection Act, 2015, registered
with DCB CID Unit IX be released on bail on furnishing P.B. and S.B. of
Rs.25,000/- with one or two sureties
3]
The applicant / accused shall not tamper with the prosecution
The applicant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case so
as to dissuade him from disclosing the facts to Court or any police
officer.
4]
The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
5]
The applicant / accused shall regularly attend the dates of
hearing of the case, unless exempted by the ld trial court.
6]
Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
failing which the cash bail shall stand forfeited without any separate
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B.A. 477/24
order to that effect.
7]
The applicant / accused shall not leave India without prior
permission of the Court.
8]
Bail before the concern Magistrate.

Date : 07/03/2024
Dictated on
: 07.03.2024
Transcribed on
: 11.03.2024
Signed by HHJ on : 13.03.2024
( RAJESH A. SASNE )
Additional Sessions Judge,
Gr. Mumbai.

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B.A. 477/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
13/03/2024
2.49 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri. R.A.
Room No.)
Sasne, Court Room No. 30.
Date of Pronouncement of ORDER 07/03/2024
ORDER signed by P.O. on
13/03/2024
ORDER uploaded on
13/03/2024