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Bombay High CourtBA/788/2020allowed

Renuka Pramod Kulat v. State Of Mah. Thru. Pso Barshitakli

2020-07-30Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

LD-VC BA 40.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (BA) No. of 2020 (LD-VC No. 40 of 2020) [Renuka Pramod Kulat Vs. State of Maharashtra through P.S.O., P.S. Barshitakli, Distt. Akola] ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Shri S. D. Chande, Advocate for the applicant Shri N. B. Jawade, APP for the State/non-applicant CORAM : M. G. GIRATKAR, J.

DATE : 30/07/2020 Hearing was conducted through Video Conferencing and the learned Counsel agreed that the audio and visual quality was proper.

2.

Heard learned Advocate Shri Chande for the applicant. As per his submission, the applicant is arrested for the offences under the Immoral Traffic (Prevention) Act. Learned Advocate has pointed out First Information Report and submitted that at the time of incident/raid, the applicant was present but she was not arrested on same day. She herself surrendered on 25-11-2019. Learned Advocate has submitted that investigation is complete and the charge-sheet is filed. The applicant is Sarpanch of the village. She is having prestige in the village. At last, he prayed to release the applicant on bail. 3.

Shri Jawade, learned Additional Public Prosecutor has strongly objected the application. He has submitted that she was earlier arrested in similar crime. She is doing business of immoral trafficking and, therefore, the

LD-VC BA 40.2020.odt application is liable to be rejected.

4.

There is no dispute that the applicant is elected representative of the people. She is head of the village i.e. Sarpanch. At the time of raid, the applicant was not arrested. She herself surrendered to the police after ten days. Investigation is complete. Charge-sheet is filed. Further detention of the applicant is not required. Hence, following order.

The applicant be released on bail on her executing PR Bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of like amount on following conditions.

(i) The applicant shall not tamper the evidence of prosecution witnesses.

(ii) The applicant shall attend the trial Court on each and every date.

(iii) The applicant shall not leave the jurisdiction of trial Court without prior permission.

5.

The application is disposed of.

6.

This order be communicated to the Counsel appearing for the parties, either on the email address or on WhatsApp or by such other mode, as is permissible in law.

JUDGE wasnik Digitally signed by Avinash Wasnik Date:

2020.07.30 15:17:15 +0530 Avinash Wasnik