Gulamjaan @ Munni Shamsuddin Sayyed v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 700 OF 2017 Ms. Gulamjaan @ Munni Shamsuddin Sayyed.

... Applicant.

Versus

The State of Maharashtra.

... Respondent.

--- Mr. Indra Bahadur Singh, advocate for Applicant. Mr. R.M. Pethe, APP for State.

Mr. Popat Avhad, PI, Kalachowky Police Station. --- CORAM : SMT. SADHANA S. JADHAV, J DATE : MARCH 20, 2017 P.C.:

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

The applicant, who was arrested on 20/11/2015 is once again seeking enlargement on bail in Crime No. 153 of 2015 registered at Colaba Police Station for offence punishable under section 370, 465, 1/3

467, 468, 471, 420, 201, 417, 506, 120B and 511 read with section 34 of the Indian Penal Code.

Earlier application filed by the resent applicant was rejected on merits by Hon'ble Justice P.N. Deshmukh vide order dated 21/6/2016. There is no change in circumstances. The learned APP upon instructions and on the basis of the records submits that the case was in fact posted for framing of charge and at that stage, the applicant had submitted that she desires to file application under section 439 of the Code of Criminal Procedure, 1973 and therefore, the trial was protracted. The learned Counsel for the applicant submits that in fact, it is an admitted position that the applicant is working as an agent of accused No. 2. However, she had no knowledge that he is involved in human trafficking and that he would be trafficking girls for the purpose of prostitution to Gulf countries/Saudi Arabia. 2/3

It is pertinent to note that this appears to be a racket, wherein vulnerable girls are forced into prostitution and are in fact sold in other countries. Hence, the application being sans merits stands rejected and disposed of accordingly.

However, it is made clear that the observations are prima facie in nature and the same are restricted to the application under section 439 of the Code of Criminal Procedure, 1973 and the same shall not be taken into consideration at the time of trial. Office to send the copy of this order to the learned Sessions Court, Gr. Mumbai seized with Sessions Case No. 223 of 2016. (SMT. SADHANA S. JADHAV, J) 3/3