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Bombay High CourtBA/1792/2023disposed off

Shraddha Chetan Pawar v. The State Of Maharashtra

2023-08-01Hon'Ble Shri Justice S. M. Modak3 pages

by HEMANT CHANDERSEN SHIV Date:

2023.08.11 06:26:15 +0530 HEMANT CHANDERSEN SHIV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1792 OF 2023 Shraddha Chetan Pawar ...Applicant vs.

State of Maharashtra

...Respondent

Mr. Prabhanjay R. Dave for the Applicant.

Mr. H. J. Dedhia APP for the Respondent-State. CORAM :S. M. MODAK, J.

DATED :1ST AUGUST 2023 P. C. :

1.

Heard learned Advocate Mr.Dave for the Applicant and learned APP Mr. Dedhia for the Respondent-State.

2.

It is true that this Court has granted bail to co-accused-Mrunali Ramdas Devne as per order dated 5th July 2023, in Bail Application No.3418 of 2022, (Coram : S. M. Modak, J.). She was manager, whereas the present Applicant is owner of Sun Saloon and Spa Global City.

3.

The Arnala Sagri police station has registered FIR bearing C.R. No.I-160 of 2022, under Section 370 read with 34 of IPC and under Sections 3, 4 and 5 of the Immoral Traffic (Prevention) Act. There 1/3

are statements recorded of the victims under Section 161 of the Code of Criminal Procedure, wherein they have stated about immoral activities carried out in that spa, however, when their statements are recorded under Section 164 of the Code of Criminal Procedure, they have stated that they were working as beauticians and they have not performed any massage to male, neither they had intercourse. So role of the accused, who is granted bail is not different from the present Applicant. The charge-sheet is already filed. So let she be released on bail. Hence, the following order is passed :

ORDER

(i) Bail application is allowed.

(ii) Applicant-Shraddha Chetan Pawar arrested in connection with C.R. No.I-160 of 2022, registered with Arnala Sagri police station for the offence punishable under Sections 370 read 34 of IPC and Sections 3, 4 and 5 of the the Immoral Traffic (Prevention) Act, be released on bail on furnishing Personal bond and surety bond in sum of Rs. 25,000/- each.

(iii) Applicant is directed to give attendance to the Arnala Sagri Police Station, Palghar on first and third 2/3

Saturday from 10.00 a.m. to 12.00 noon for one year. (iv) Applicant shall not threaten the prosecution witnesses.

(v) Needless to say, violating of the condition above will make the Applicants liable for cancellation of bail after notice.

4.

It is made clear that the these are my prima facie observations and the trial Court shall decide the case on its own merits without influenced by the observations made in this order. 5.

Application is disposed of in the aforesaid terms. 6.

All the parties to act on an authenticated copy of this order.

[S. M. MODAK, J.] 3/3