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Bombay High CourtABA/1124/2016others disposed off

Kumar Arjun Pawar v. The State Of Maharashtra

2016-07-18Hon'Ble Shri Justice P.N. Deshmukh3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE ANTICIPATORY BAIL APPLICATION NO.1124 OF 2016 Kumar Arjun Pawar ...

Applicant V/s.

The State of Maharashtra ...

Respondent .....

Mr.Kabul Singh Labana, Advocate for the Applicant. Ms.S.S.Kaushik, APP for the Respondent/State. Mr.N.S.Landge, HC/2903, Central Police Station, Ulhasnagar 3. ....

CORAM :

P. N. DESHMUKH J.

DATED :

18th JULY 2016.

P.C.

This is an application for grant of anticipatory bail to the applicant arising out Crime No.I-253 of 2015 registered by Central Police Station on 30th May 2016 for the offence punishable under Section 370(2)(3) of the Indian Penal Code and Sections 3,4,5 and 6 of the Immoral Traffic (Prevention) Act. Heard learned counsel for both the sides. Perused the case diary. It is the case of applicant that he has entered into leave and license agreement with one Ramesh Rajwadi, owner of premises to run Tilsuns Hotel, which is managed by co-accused Sanjay Bhagat as Manager along with other staff, and as such 1/3

according to the applicant, he is not aware of the activities carried out at this place since he was occasionally visiting the premises. From the contents of documents and FIR, it appears that applicant is running Tilsun Hotel as a tenant, which premises is owned by Ramesh and for this purpose has engaged co-accused Sanjay Bhagat. It is further revealed that based on information received in the night on 29/05/2016, police raided said premises in the presence of panchas with the help of bogus customer Lallan Tiwari and had rescued about 16 girls, who all are stated to be major.

The learned Additional Public Prosecutor, on instructions, makes a statement that all the girls found present had stated that they have voluntarily indulged in prostitution. Having considering the facts, as aforesaid, and the case of applicant, interim protection granted to applicant by this Court is liable to be confirmed on same terms and conditions as per order below:

(i) Application is allowed with modification by way of direction to applicant to attend Investigating Officer as and when called till filing of charge-sheet. Rest of the conditions imposed stand as it is.

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Needless to say that applicant shall not indulge in any crime and in the event of his being found indulged in any crime, his bail shall stand cancelled automatically. (P. N. DESHMUKH J.) 3/3