Thane, Oct 31: A court in Thane district has granted bail to an American citizen and two Indian co-accused who were arrested earlier this month for allegedly attempting religious conversion, observing no “fruitful purpose” will be served by keeping them in jail.
Additional Sessions Court at Bhiwandi town, presided over by Judge N L Kale, granted bail to the accused, also charged with violation of Maharashtra’s anti-superstition Act, while adhering to the legal principle that “bail is rule and jail is an exception”.
As per the October 29 judgement, whose copy was made available on October 31, US national James Leonard Watson (58), his co-accused Sainath Ganpati Sarpe (42) and Manoj Govind Kolha (35), both local residents, were to be released on a bail bond of Rs 30,000 each.
The case, registered at the Bhiwandi taluka police station, levelled a host of charges against the three men, including under relevant sections of the Bharatiya Nyaya Sanhita (BNS), the Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013, and the Foreigners Act, 1946 (invoked against Watson).
The FIR alleged that on October 3, during a prayer programme in Bhuishet village of Thane district, the accused were actively campaigning for the Christian faith and attempting to compel Hindu community members to convert.
The prosecution claimed they were giving out “wine,” assuring attendees it would resolve problems and cure illnesses. The FIR alleged the trio targeted underage children, and “forcibly tried to give wine to minor girls for campaigning of Christian religion”.
Watson was additionally accused of contravening his business visa by engaging in religious campaigning.
While granting bail, Judge Kale emphasized that the maximum punishment for the key offences was not more than seven years.
At present, except contents in the FIR there is no conclusive evidence to show this applicant (Watson) forcibly gave wine to minor girls to change their religion, noted the court.
“Record shows most of the investigation on part of this applicant is over. The prosecution has alleged this applicant has contravened the provisions under Foreigners Act, but the documents placed on record shows the applicant entered India with valid passport and visa. Here, those findings are applicable because punishment prescribed for offences alleged is not more than 7 year,” it stated.
Considering those offences and punishment prescribed for the same it would be not legal and proper to keep the applicant (foreign national) behind bars till completion of investigation, the court said.
“In many rulings Hon’ble Apex Court as well as our parent (Bombay) High Court has issued guidelines that bail is rule and jail is an exception. The said principle is applicable to the present applicant, considering the punishment prescribed for the offences alleged. No fruitful purpose will suffice by keeping the applicants (all three accused) behind bars,” it stated.
As part of bail conditions, the judge asked the trio to attend the police station concerned (where FIR has been filed) every Wednesday for one month or until a chargesheet is filed, and not to tamper with prosecution evidence.
Watson was given an additional condition — not to travel abroad without obtaining the prior permission of the court until the completion of his visa period or conclusion of the case. (PTI)
