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Bombay High CourtBA/2232/2017bail granted

Shahanna Imdad Hussain Shaikh @ Moinna Imadadullah Shaikh And ANR v. The State Of Maharashtra

2017-12-18Hon'Ble Shri Justice A.S. Gadkari3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2232 OF 2017 Shahana Imdad Husssain Shaikh @ Moinna Imadudullah Shaikh & Anr.

... Applicants V/s.

The State of Maharashtra ... Respondent AND CRIMINAL BAIL APPLICATION NO.2743 OF 2017 Madhu Asha Nayya @ Asha Mondu ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Mr. R.D. Suryawanshi for the Applicants in both matters. Ms. A.A. Takalkar, APP for Respondent - State in BA/2232/2017. Ms. P.N. Dabholkar, APP for Respondent - State in BA/2743/2017. Mr. Anant Parad, P.I. Bhiwandi Town Police Station. ---- CORAM : A.S.GADKARI, J.

DATE : 18th DECEMBER 2017 P.C.:

.

This is an application under Section 439 of Cr.P.C. for bail in C.R. 1/3

No.46 of 2017 registered with Bhiwandi City Police Station for the offences punishable under Sections 366, 367, 370(3), 371, 109 r/w. 34 of Indian Penal Code.

2.

Heard the learned Counsel for the Applicants and the learned APP. Perused the charge-sheet.

3.

The record indicates that the co-accused, namely, Sangeeta Raees Patel @ Shaikh has been released on bail by this Court by an Order dated 06.11.2017. The role attributed to the present applicants is same and/or similar to that of Sangeeta Patel i.e. the victims in the crime have stated that the applicants accompanied them for the purpose of prostitution at Bhiwandi. The statements of victim girls indicate that, they were not forced to indulge into the vocation of prostitution by the applicants and they were indulging into the same at their own will.

4.

In view of the above, I am inclined to release the applicants on bail. Hence, the following Order:

(i) The applicants be released on bail in C.R.No.46 of 2017 registered with Bhiwandi City Police Station, Pune, on his furnishing PR Bond in the sum of Rs.25,000/- each with one or two solvent local sureties in the like amount.

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(ii) After his release from the jail, the applicants shall attend each and every date before the Trial Court till conclusion of trial. (iii) Applicants shall not tamper with the evidence and/or influence the prosecution witnesses.

5.

Applications are allowed in the aforesaid terms. (A.S.GADKARI, J.) 3/3