Chandrakant @ Chandu Laxman Shinde v. The State Of Maharashtra

rsk 1/2 12-ABA-35-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.35 OF 2018 Chandrakant @ Chandu Laxman Shinde ..Applicant vs.

The State of Maharashtra

...Respondent

­­­­ Mr. Anand S. Patil for Applicant .

Mr. S. H. Yadav, APP for Respondent.

Mr. Prakash G. Kamble, PSI Gokul Shirgaon Police Station, Kolhapur. ­­­­ CORAM : P. N. DESHMUKH, J.

DATE : 16th APRIL, 2018 P.C.:

.

This application is filed for anticipatory bail by accused involved in C.R. No.245/2017 registered with Gokul Shirgaon Police Station, Kolhapur for the offence punishable under section 3, 4, 5 and 7 of Immoral Traffic (Prevention) Act, 1956. Applicant is protected by interim order dated 10/1/2018 noting that applicant's involvement is only of dropping female to the house of Sangita Shelar, who according to prosecution was running a brothel in the house. 2.

Mr.Patil, Learned counsel for applicant submitted that applicant is admittedly a rickshaw driver and as such is not aware of any activities carried out in the house of Sangita Shelar, who according to prosecution was running a brothel. It is specific case of applicant that he is a rickshaw driver who drops customers as per their need and as such if at any time had left any female or any customer to the house of Sangita that fact by itself does not establish his involvement in the offence. 3.

Perusal of report reveals that on information received by police

rsk 2/2 12-ABA-35-18.doc raid came to be carried out within jurisdiction of Gokul Shirgaon Police Station at Dadu Chougule Nagar, Datta Galli, Gokul Shirgaon in the house of one Nina Ulpev where brothel was found run by one Sangita by taking the premises on rental basis. On the day of commission of raid 2 females who were found at the spot stated that they were brought by the applicant in his auto rickshaw in the house of Sangita. Except for above there is nothing against applicant. Admittedly, no minor girl is involved in the present crime and according to Investigating Agency entire investigation is complete.

4.

Having considered facts as aforesaid and limited role attributed to applicant, who admittedly is a rickshaw driver by profession, interim order dated 10/1/2018 is confirmed as per order below:

ORDER

i) Interim protection granted to applicant vide order dated 10/1/2018 stands confirmed on same terms and conditions; ii) Application stands disposed of as allowed. (P.N. DESHMUKH, J)