Yallamma Durgappa Maitri @ Mummy v. State Of Maharashtra
Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1834 OF 2024 Yallamma Durgappa Maitri @ Mummy .. Applicant
Versus
The State of Maharashtra .. Respondent ....................
Ms. Nagma Khan a/w. R.R. Naik, Advocates for Applicant. Ms. Savita M. Yadav, APP for Respondent - State. Mr. Dinesh Patil, API - Turbhe Police Station present. ....................
CORAM
: MILIND N. JADHAV, J.
DATE : MARCH 12, 2025.
P.C.:
1.
Heard Ms. Khan, learned Advocate for Applicant and Ms. Yadav, learned APP for Respondent - State.
2.
Applicant is incarcerated in various offences under the Indian Penal Code, 1860 and the Immoral Traffic (Prevention) Act, 1956. Applicant is 50 years old and she is incarcerated since past 2 years.
3.
Ms. Khan, learned Advocate for Applicant would persuade me to consider the statement of victim which is appended at page No.69 of the Application and the various statements which are appended to the Application. She would submit that Applicant is according to the record Devdasi by profession. However, in so far as
the present crime is concerned, she has no direct role whatsoever to play which is evidence from the statement of the victim appended at page No.69 of the Application with her able assistance I have perused the said statement.
4.
In the present Application, victim is not made a party. Hence, I direct the learned Advocate for Applicant to implead victim as party Respondent No.2 to the present Application. Amendment is permitted to be carried out forthwith in the presence of Court. Reverification stands dispensed with. 5.
According to the learned Advocate for Applicant victim is no longer traceable. Be that as it may, learned Prosecutor through the Investigating Officer will make an appropriate report to the Court regarding effecting service on the victim. Depending upon the said report, this Court will pass further order to appoint an Advocate through Legal Aid to espouse the cause of the victim to assist the Court on the next adjourned date.
6.
In addition thereto, one spare copy of the Application shall be given to the Investigating Officer who is directed by this Court to depute a lady police officer and obtain Respondent No.2's consent for legal representation so that appropriate order can be passed on the next adjourned date for appointment of Legal Aid Advocate to represent and espouse the cause of Respondent No.2.
7.
Let the above exercise be carried out within a period of one week from today.
8.
Considering that Applicant is a lady aged 50 years, at the request made by the learned Advocate for Applicant, list the Bail Application on Board on 19th March, 2025. To be placed on the 'Supplementary Board'.
[ MILIND N. JADHAV, J. ] Ajay by AJAY TRAMBAK UGALMUGALE Date: 2025.03.12 14:31:33 +0530 AJAY TRAMBAK UGALMUGALE