Ashok Dnyneshwar Wagmare v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3259 OF 2016 Ashok Dnyaneshwar Wagmare (Raut) Age: 27 years, Occ: Labour, R/o. Walibacha Mala, Manwat, Tq. Manwat, Dist. Parbhani.

...Applicant versus State of Maharashtra, Through Police Sub Inspector, Manwat Police Station, Tq. Manwat, Dist. Parbhani.

...Respondent

.....

Mr. R.J. Nirmal, Advocate for applicant Mr. S.J. Salgare, A.P.P. for respondent .....

WITH CRIMINAL APPLICATION NO. 3114 OF 2016 Vinod s/o Shesherao Rahate, Age: 27 years, Occ: Labour, R/o. Dongargaon, Tq. Sengaon, Dist. Hingoli.

...Applicant versus State of Maharashtra, Through the Investigating Officer, Police Station Manwat, Tq. Manwat, Dist. Parbhani.

...Respondent

.....

Mr. M.P. Tripathi, Advocate for applicant Mr. C.V. Dharurkar, A.P.P. for respondent .....

CORAM : N.W. SAMBRE, J.

DATE : 1st JULY, 2016

-2ORAL ORDER :

The applicants are seeking regular bail in Crime No. 138 of 2016 registered on 23/05/2016 with Manwat Police Station, District Parbhani, for an offence punishable under Sections 370(2)(3) of Indian Penal Code and under Sections 3,4,5, 5(A), 5(k), 7, 5B(1) of Immoral Traffic (Prevention) Act, 1956.

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Both the applicants were arrested on 22/05/2016. 3.

Applicant Ashok in Criminal Application No. 3259 of 2016 is customer, whereas applicant Vinod in Criminal Application No. 3114 of 2016 appears to be working as a watchman in brothel. 4.

Having regard to the nature of allegations in the first information report and the fact that custodial interrogation of the applicants is already over, no fruitful purpose will be served, even if further detention of the applicants is continued. 5.

In this view of the matter, in my opinion, the applicants are entitled to be released on bail. Hence, the following order:- (i) The applicants be released on bail, in connection with

-3Crime No. 138 of 2016 registered with Manwat Police Station, District Parbhani, for an offence punishable under Sections 370(2)(3) of Indian Penal Code and under Sections 3,4,5, 5(A), 5(k), 7, 5B(1) of Immoral Traffic (Prevention) Act, 1956, upon furnishing P.R. bond of Rs.15,000/- with one surety in the like amount, by each of them. (ii) The applicants shall not tamper with the prosecution evidence or influence the prosecution witnesses. The applicants shall attend the trial regularly and co-operate the Court below in disposal and shall not protract the same by seeking unnecessary adjournments. If conditions above are not complied, learned Sessions Judge will be at liberty to proceed ahead for cancellation of bail, if so desire.

(iii) If it is noticed that the applicants are engaging themselves in similar type of offence, the prosecution will be at liberty to approach this Court for cancellation of their bail. 6.

Both the criminal applications stand allowed in above terms.

[ N.W. SAMBRE, J. ]

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