Munna @ Rafique Shariff Shaikh v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.114 OF 2016 Munna @ Rafique Shariff Shaikh ...Applicant

Versus

The State of Maharashtra

...Respondent

.....

Mr. Aniket Nikam i/b. Aashish Satpute for the Applicant. Ms Veera Shinde, APP for the Respondent -State. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 28th JANUARY, 2016.

P. C. :

This is an application for anticipatory bail filed by the aforesaid Applicant in apprehension of his arrest in Crime No.67 of 2014 registered at Pharaskhana Police Station, Pune, for offences punishable under sections 344, 363 and 363 (B) r/w. 34 of the IPC and sections 3, 4, 5, 6 and 7 of the Immoral Traffic (Prevention) Act. 2.

Heard Mr. Aniket Nikam, the learned counsel for the Applicant and Ms Veera Shinde, the learned APP for the Respondent -State.

3.

I have perused the records and considered the submissions advanced by the learned counsel for the respective parties. The records prima facie reveal that the premises Begam building, first floor, 1/3

House No.995 situated at Budhwar Peth, Pune, was raided and some of the accused as well as the victims were taken into custody. The statement of one of the victims, who is a Bangladesh national, prima facie reveals that one of the co-accused had brought her to Mumbai and forced her into prostitution and had sold her to another co-accused viz. Radha and Anita, who had forced her into prostitution. 4.

The allegations against the Applicant are that the premises were in the brothel, being an ancestral property belongs to the Applicant. The Applicant is charged under sections 3, 4, 5, 6 and 7 of the Immoral Traffic (Prevention) Act. Said offences are punishable with maximum sentence of two years. It is stated that the charge-sheet is already filed. The Applicant is a permanent resident of Pune, hence, there are no chances of his absconding or thwarting the course of justice. Considering the above facts, in my considered view the Applicant is entitled for bail.

5.

Under the circumstances, the application for anticipatory bail is allowed on the following terms and conditions:- (i) In the event of arrest of the Applicant in Crime No.67 of 2014 registered at Pharaskhana Police Station, Pune, the Applicant shall be released on bail on 2/3

furnishing bail bond of Rs.40,000/- with one surety to the like amount to the satisfaction of the learned Judicial Magistrate, First Class, Shivajinagar, Pune. (ii) The Applicant shall report to the Investigating Officer for seven days from 10.00 a.m. to 1.00 p.m. from the date of receipt of this order and further as and when required by the Investigating Officer for the purpose of investigation and interrogation.

(iii) The Applicant shall not leave Pune-District for a period of two months without prior permission of the learned Judicial Magistrate, First Class, Shivajinagar, Pune.

(ANUJA PRABHUDESSAI, J.) 3/3