The Bombay High Court granted bail to the Applicant to whom a 1-year-old daughter was sold by her natural mother. However, a single judge bench comprising Hon’ble Justice S.M. Modak observed that it is highly objectionable to the principles of morality and human rights that the natural mother is selling a girl of one year for the sake of money.
Brief Facts:
In Satara city, an incident took place in which 1-year-old daughter was sold to the Applicant–Ashwini and her husband – Sanjay, who is the co-accused by her mother. The mother had chosen to approach the present Applicant and her husband as she needed money as her husband is behind the bar. The mother – Payal, worked at Pen - Raigad on the say of the accused persons and, somehow, repaid the loan taken from the Applicant. However, the Applicant and her husband continued the same inhuman treatment and refused to give back the custody of Kum.Ananya. The mother was compelled to approach the police. Police Sub-Inspector Usman Shaikh conducted an enquiry and then registered an offence against the present Applicant and her husband under Section 370 of the Indian Penal Code, 1860 and under Section 81 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 39 of the Maharashtra Money-Lending (Regulation) Act, 2014.
The Applicant was arrested, and the investigation was completed. Twice, she attempted to secure bail. However, she was not successful. The learned trial Judge refused the bail because she was found with certain diaries mentioning the advancing of the loan. However, her husband – Sanjay and another co-accused, Sanket Raje, were released on bail.
Observations of the Court:
In view of the above incident, this Court remarked that “it is highly objectionable to the principles of morality and human rights that a girl of one year is being sold by the natural mother”. However, the bail was granted considering the Applicant also has two minor children for whom welfare has to be taken care of, and one does not know when the trial is to be started and will be finished.
The decision of the Court:
The Bombay High Court granted bail to the Applicant, considering that she has two minor children, and their welfare also needs to be considered.
Case Title: Smt. Ashwini Sanjay Babar vs The State of Maharashtra
Coram: Hon’ble Justice S.M. Modak
Case no.: CRIMINAL BAIL APPLICATION NO. 364 OF 2023
Advocate for the Applicant: Mr.Shailesh Chavan
Advocate for the Respondent: Mr. Y.Y. Dabke
Read Judgment ;
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