Hirabai Mahadev Savant v. State Of Maharashtra

2024:BHC-AS:11089

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 607 of 2024 HIRABAI MAHADEV SAVANT .. APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT Mr. Vijaykumar Dighe and Ms.Kajal Sakpal and Mr. Shubham Sane i/b Ms. Seema Dighe, for the applicant.

Smt. Sangeeta D. Shinde, APP for the State.

CORAM : M. S. KARNIK, J.

DATE : MARCH 7, 2024 P.C. :

1.

This is an application for anticipatory bail in respect of the offence punishable under Sections 370(A)(2) of the Indian Penal Code and under sections 3,4,5,6 of the Immoral TrafÏc (Prevention) Act, 1959 registered on 30/08/2022 vide C.R. No.434 of 2022 with Vijapur Naka Police Station, Solapur City.

2.

The first informant is a Police Naik. In the FIR, it is alleged that on 30/08/2022, the complainant along with other police personnel received some information regarding illegal prostitution racket being carried out behind Mohite Nagar, Solapur, following which they raided the premises at 1/3

1:35 p.m. on 30/08/2022 and rescued two victims aged 37 years and 32 years and arrested 4 persons including the applicant. It is the contention of the learned counsel for the applicant that the applicant was arrested but was released on the same day. Learned APP invited my attention to page 26 of the paper-book which is the part of the charge-sheet to submit that the applicant is shown to be absconding. The statements of the victim under section 164 of the Code of Criminal Procedure at pages 138 and 141 prima facie reveals the complicity of the applicant in the commission of crime. The victims have stated that part of the consideration was paid to the applicant. The applicant is absconding since 30/08/2022. This application is filed only on 20/02/2024. The application for anticipatory bail was filed by the applicant before the trial Court was rejected on 22/09/2022. In the facts and circumstances of the present case, I am not inclined to entertain the present application. 3.

I am informed that the charge-sheet has been filed. It is open for the applicant to present herself before the jurisdictional Court. If the applicant presents herself before the jurisdictional Court within 2 weeks from today, any 2/3

application for bail if preferred before the trial Court, the same be considered on priority.

4.

The anticipatory bail application is disposed of in the above terms.

(M. S. KARNIK, J.) 3/3 Signed by: Urmila P. Ingale Designation: PS To Honourable Judge Date: 07/03/2024 13:48:23