Muktabai Sahebrao Kedar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2487 OF 2014 Smt. Muktabai Sahebrao Kedar.

... Applicant.

Versus

The State of Maharashtra.

... Respondent.

--- Mr. Z.M. Avhad, advocate for Applicant.

Mr. S.S. Pednekar, APP for State.

--- CORAM : SMT.SADHANA S. JADHAV,J DATE : JANUARY 13, 2015 P.C.:

Heard the learned Counsel for the applicant and the learned APP for State. Perused the papers.

This is an application under Section 439 of the Code of Criminal Procedure, 1973. The applicant herein is arrested on 1/8/2014 in Crime No. 3083 of 2014 registered at Indira Nagar Police Station for offence punishable under Section 3, 4, 5, 7(1)(b) of Prevention of 1/3

Immoral Traffic Act. Investigation is completed and charge-sheet is filed on 26/9/2014.

Perused the papers of investigation. Name of the applicant does not appear in the first information report. The victim has neither given name of the applicant nor had given description. In the course of investigation, the victim has not identified the present applicant as the person who had forced her into prostitution or had indulged into trafficking.

Learned Counsel for the applicant submits that the applicant is a woman and since the investigation is completed and charge-sheet is filed, she would be entitled to bail by virtue of proviso to Section 437 of the Code of Criminal Procedure, 1973. Hence, the applicant being a woman deserves grant of bail.

Hence, following order is passed :

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ORDER

(i) The application is allowed.

(ii) The applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs. 15,000/- and one or two sureties in the like amount. (iii) The applicant shall not tamper with the evidence. The application is disposed of accordingly.

(SMT. SADHANA S. JADHAV,J) 3/3