Varsha Datta Mashale v. State Of Maharashtra

1/2 p-501-ba-3014-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3014 OF 2022 Varsha D. Mashale ...Applicant V/s.

State of Maharashtra

...Respondent.

Mr. Sagar Tambe a/w. Mr. Kamran Shaikh, Mr Changdev Shingade i/b Mr. Ritesh Thobde for the Applicant.

Mr. A.R. Kapadnis, APP for the Respondent- State. Ms Vijayalaxmi S. K., Police Inspector attached to AHTV/Solapur City is present.

CORAM

:

N.R. BORKAR, J.

DATE :

14.11.2022.

P.C. :

.

Not on board. Upon mentioning, taken on production board. 2.

This is an application fled under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail.

3.

The applicant came to be arrested in C.R. No. 279 of2022 registered at Vijapur Naka Police Station, Solapur for the ofence punishable under Section 370(A)(2) of the Indian Penal Code and Sections 3, 4, 5, & 6 of the Immoral Trafc (Prevention) Act, 1956. 4.

It is the case of the prosecution that on 7 June 2022, pursuant to the secret information, a raid was conducted at the premises of the applicant and she was found to be running brothel.

Dinesh S. Sherla 1/2

2/2 p-501-ba-3014-22.doc 5.

I have heard the learned Counsel for the applicant and the learned APP for the State.

6.

The learned Counsel for the applicant submits that the applicant is in jail since 8 June 2022 i.e. approximately for fve months. It is submitted that there are no criminal antecedents. It is submitted that further detention of the applicant is not warranted as investigation is over and charge-sheet is fled. It is submitted that the applicant be thus released on bail. 7.

On the other hand, the learned APP for the State submits that considering the nature of ofence, the applicant may not be released on bail.

8.

There are no minor victims. Considering this fact and as the applicant is in jail since 8 June 2022, I am inclined to release the applicant on bail. Hence, the following order is passed :

ORDER

(i) Application is allowed.

(ii) The applicant be released on bail in C.R. No. 279 of 2022 registered at Vijapur Naka Police Station, Solapur for the ofence punishable under Section 370(A)(2) of the Indian Penal Code and Sections 3, 4, 5, & 6 of the Immoral Trafc (Prevention) Act, 1956 on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount. (iii) The applicant shall not tamper with the prosecution evidence.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2