HC grants bail to duo arrested for child trafficking

Bombay HC grants bail to accused in newborn trafficking case due to incomplete evidence, primarily based on disclosure statements and electronic records.

MUMBAI: The Bombay high court recently granted bail to two individuals, Subhash Pandit Borse and Julia Lawrence Fernandes, accused of trafficking newborns for illegal adoption.

The Bombay High Court rejected an appeal by the estranged husband seeking custody of his daughter (HT FILE PHOTO)

While granting the bail, Justice N J Jamadar said that while the allegations were grave, the evidence primarily consisted of disclosure statements from co-accused and electronic records that required verification. Given that the investigation was largely complete, the court decided to grant bail to the accused.

The case began on September 6, 2023, when Trombay Police received information about a woman attempting to sell a newborn child. A sting operation was conducted, which led to the apprehension of Reena Nitin Chavan and Sairabano Shaikh at the designated location with a newborn. Upon interrogation, it was revealed that the mother of the child was Gulbashah Matin Shaikh, and the plot to sell the child involved several co-conspirators, including Julia Fernandes.

Further investigations suggested that Julia Fernandes was the mastermind behind the trafficking operation. Evidence collected included statements from co-accused and the recovery of photographs of the trafficked children from mobile phones. It was alleged that Fernandes employed Subhash Borse to find prospective buyers for the children.

They face charges under various sections of the Indian Penal Code and the Juvenile Justice (Care and Protection of Children) Act, 2015, as well as the Maharashtra Medical Practitioners’ Act, 1961.

During the bail hearing, the defence argued that both Fernandes and Borse were implicated based on the statements of co-accused and electronic evidence, which needed further scrutiny during the trial. The prosecution, however, stressed Fernandes’ criminal history and the seriousness of the charges.

However, since the investigation was mostly complete, the court ruled in favour of the applicants and ordered Fernandes and Borse to be released on a personal recognizance bond of ₹50,000 each, with additional conditions to prevent tampering with evidence or influencing witnesses.

They must report to the Trombay Police Station on the first Monday of every month and regularly attend court proceedings. The court emphasised that the decision to grant bail should not be interpreted as an indication of the accused’s guilt, and the trial court should independently evaluate the evidence.