Nitul Nandu Pawar v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.231 OF 2020 Nitul Nandu Pawar Applicant versus The State of Maharashtra Respondent Mr.Rajesh A. More for applicant.

Ms.Pallavi N. Dabolkar, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 31st January 2020 PC :

1.

The applicant is seeking anticipatory bail in CR No.160 of 2016 registered with Faraskhana Police Station, Pune, for offences under Sections 370, 323, 504 r/w 34 of Indian Penal Code and under Sections 3,4,5,6,7 of Prevention of Immoral Traffic Act, and under Section 12 of Protection of Children from Sexual Offences Act, 2012. 2.

The case of prosecution is that the FIR came to be registered on the information given by the informant Rahul Veersingh Gaud, ASI, Faraskhana Police Station, that from last one month he is deputed to Ganesh Peth Police Chowky as in-charge officer and as per the senior officers orders patrolling in the jurisdiction of the police station is being carried out. That the informant with his senior officer while on patrolling duty in Budhwar Peth area on 10th July 2016 at 11 pm to 11th July 2016 at 6 am, seen a girl standing near Kohinoor Building in suspicious circumstances. When they made inquiry about her, she disclosed her name as Jyoti Ramesh Shinde, age 17 years, R/o.Ambedkar Nagar, Market Yard, Pune. During

2 of 3 923.ABA.231.2020.doc detail inquiry she disclosed that prior to one year her step mother Shantabai used to bring her forcibly for prostitution business at Budhwar Peth. Meanwhile she acquainted with one Sagar. The said Sagar introduced her with one Pinky Thapa, r/o.Kohinoor Building, 3rd floor. Thereafter Sagar told that he will provide good work to her. Thereafter Sagar left away. Thereafter Pinky didi by beating Jyoti forced her to do the work of prostitution and used to collect consideration from customers. Jyoti has also disclosed that Pinky didi sent her down in order to search of the customers. Therefore, she was standing there. The patrolling officer registered FIR against the applicant and others for the offences as referred above. The FIR came to be registered against Shanta Ramesh Shinde, Pinky Mayla Tamag, Dalal Sagar and against unknown house owner. 3.

The applicant is the owner of premises. The premises was seized by Commissioner and according to the applicant he came to know about it only after registration of FIR. According to him, he is not concerned with the alleged activities.

4.

Learned APP, on instructions from the officer who is present in the Court, submitted that the applicant may be directed to co-operate in the investigation by attending the investigating officer more particularly considering the fact that he was the landlord of premises.

5.

Considering above, I pass following order :

ORDER

(i) Criminal Anticipatory Bail Application No.231 of 2020 is allowed and disposed of;

3 of 3 923.ABA.231.2020.doc (ii) In the event of arrest of applicant in connection with CR No.316 of 2016 registered with Faraskhana Police Station, Pune, the applicant be released on bail on furnishing PR bond in the sum of Rs.25,000/- with one or more sureties in the like amount; (iii) The applicant shall attend the Investigating Officer on 10th, 11th and 12th February 2020 between 11 am and 1 pm and thereafter as and when called for till filing of charge sheet; (iv) The applicant shall not indulge in similar alleged offences; (v) After filing of charge sheet the applicant shall attend Trial Court proceedings regularly, unless exempted by Trial Court for some reason.

(PRAKASH D. NAIK, J.) MST