Umesh Mahabal Shetty v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 62 OF 2018 Umesh Mahabal Shetty.

... Applicant.

Versus

The State of Maharashtra.

... Respondent.

--- Mr. Niranjan Mundargi i/b. Ms. Swapna P. Kode a/w. Mr. Satyam H. Nimbalkar, advocate for Applicant.

Ms. S.S. Kaushik, APP for State.

Mr. Raju Mahanor, PSI, Loni Kalbhor Police Station, Pune(Gramin). --- CORAM : SMT.SADHANA S. JADHAV,J DATE : JANUARY 17, 2018 P.C.:

Heard the learned Counsel for the applicant and the learned APP for State.

This is an application under section 438 of the Code of Criminal Procedure, 1973. The applicant herein is apprehending his arrest in Crime No. 849 of 2017 registered at Loni Kalbhor Police Station for 1/4

offence punishable under section 3, 4, 5, 6 and 7 of the Immoral Traffic Prevention Act.

It is the case of the prosecution that on 29/11/2017 police had raided hotel Sai Buddu at Village Loni Kalbhor. It is alleged that the manager of the said hotel was running prostitution den. Two girls aged 26 and 24 years have been apprehended. Their statements were recorded. Both the girls had candidly stated that due to economic stringencies, they had voluntarily entered into the profession of prostitution.

The applicant runs the hotel in the name of Sai Chaitanya. Accused Nos. 1 and 2 were taken into custody and while in custody they have disclosed to the police that they are working for Hotel Sai Chaitanya. Hence, the applicant was arraigned in the Crime No. 849 of 2017.

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Upon perusal of the papers of investigation and considering submissions advanced across the bar, this Court is of the opinion that no role is attributed to the present applicant. Hence, the applicant deserves grant of pre-arrest bail.

It is made clear that the observations are restricted to the application under section 439 of the Code of Criminal Procedure, 1973 and shall not be taken into consideration for purpose of discharge application or quashing of FIR or at the time of trial. Hence following order is passed.

ORDER

(i) The application is allowed.

(ii) In the event of arrest in Crime No. 849 of 2017 registered at Loni Kalbhor Police Station, the applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs. 25,000/- and one or more sureties in the like amount.

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(iii) The applicant shall report to the concerned police station as and when called and cooperate with the investigating agency to the best of his capacity.

The application is disposed of accordingly.

(SMT. SADHANA S. JADHAV,J) 4/4