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Bombay High CourtBA/969/2018bail granted

Ashwini Chetan Zambre @ Asha Kashinath Pardhi v. The State Of Mahrashtra

2018-07-25Hon'Ble Shri Justice A.S. Gadkari3 pages

ssm 1 45-ba969.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 969 OF 2018 Ashwini Chetan Zambre @ Asha Kashinath Pardhi ....Applicant.

Vs.

The State of Maharashtra ....Respondent.

Mr. Ujwal Agandsurve a/w Bhavana R. Khichi, Mr. Abhishek R. Mishra for the Applicant.

Ms. Rutuja Ambekar APP, for the Respondent-State. CORAM : A. S. GADKARI, J.

DATE : 25th JULY, 2018.

P.C.:- This is an Application under Section 439 of the Code of Criminal Procedure for bail in CR No. 0044 of 2017 dated 28th October, 2017 registered with Kelva Sagri Police Station, District Palghar under Sections 370, 341, 323, 504, 506 of the Indian Penal Code and Sections 3, 4, 5, 6 and 7 of the Immoral Traffic (Prevention) Act, now culminated into Sessions Case No. 6 of 2018. Heard the learned counsel appearing for the Applicant and the learned APP. Perused the charge sheet.

The prosecution case in brief is that, after receipt of confidential information that, the vocation of prostitution was being by S S Mashalkar Date: 2018.08.02 11:00:49 +0530 1/3 S S Mashalkar

ssm 2 45-ba969.18.doc conducted at Nirmal Farm Resort, near Kelva beach, District Palghar, the police conducted raid and found one victim lady who was detained in a room therein. The Applicant under the pretext of providing job to the victim lady, who was aged about 26 years on the date of incident, forced her to indulge into the vocation of prostitution. That, at the behest of the Applicant, the said victim was directed to attend one customer and when the victim refused to do the same, it is alleged that the Applicant had assaulted her and illegally detained her.

During the course of investigation, the Applicant came to be arrested on 28th October, 2017 and after completion of investigation, the police have submitted charge sheet. The record indicates that, the victim lady has been given in custody of her husband namely Babu Mandal, who is also an accused in the present crime. The Applicant is in custody since 28th October 2017. The investigation of the present crime is already completed and the police have submitted the charge sheet. No fruitful purpose will be served by further keeping the Applicant in incarceration.

In view thereof, the Applicant is entitled to be released on 2/3

ssm 3 45-ba969.18.doc bail.

Hence, the following order.

a) The Applicant be released on bail in CR No. 0044 of 2017 registered with Kelva Sagri Police Station, District Palghar now, culminated into Sessions Case No. 6 of 2018, on her furnishing PR bond of Rs.25,000/- with one or two solvent local sureties in the like amount.

b) After her release from Jail, the Applicant shall attend the Kalwa Sagri Police Station on every first Monday of the month between 11.00 a.m. and 1.00 p.m.

c) The Applicant shall attend all the dates before the Trial Court unless precluded on medical reasons. e) The Applicant shall not tamper with the evidence and/or pressurize the prosecution witnesses.

Application is allowed in the aforesaid terms. (A.S. GADKARI, J.) 3/3