Shakuntala Vijay Gaikwad v. The State Of Maharashtra

osk 16-aba-2010-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2010 OF 2018 Shakuntala Vijay Gaikwad ...

Applicant V/s.

The State of Maharashtra ...

Respondent ----- None for Applicant.

Ms.Rutuja Ambekar, A.P.P. for Respondent-State. Mr.D. Walmik, PSI, D.B. Marg Police Station, Mumbai. CORAM : A.S. GADKARI, J.

DATE : 15th April 2019.

P.C. :

1] By an order dated 28th September 2018, the applicant was granted interim relief and was directed to attend the Investigating Officer on stipulated dates, to join the process of investigation. 2] A perusal of the chargesheet and record of investigation indicates that, the applicant had given the premises in-question on rent to the principal accused, namely, Smt.Manju Gawda, who was found conducting the vocation of prostitution at the said premises. It prima1/2

osk 16-aba-2010-2018.odt facie appears that, the applicant has no direct role to play in the present crime and the applicant was not aware of the said fact. The record of investigation indicates that, the applicant was not having knowledge of the fact that, in the premises given by her on rental basis to the coaccused, illegal activities were being conducted. 3] In view of the peculiar facts and circumstances of the present case, the applicant can be protected by pre-arrest bail. Interim relief granted by order dated 28th September 2018 is hereby confirmed. However, the condition to attend the Investigating Officer is waived.

4] Application is allowed in the aforesaid terms. [A.S. GADKARI, J.] 2/2