Munni @ Janatul F C M A H Shaikh @ Munni Jamdar v. State Of Maharashtra

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLN. NO. 5140 OF 2024 Munni alias Janatul F.C.M.A.H. Shaikh alias Munni Jamadar

VERSUS

State Of Maharashtra and Another Mr. Satyavrat Joshi a/w Mr. Yash Fadtare Mr. Sairaj Suryawanshi and Mr. Vaibhav Halke, Advocate for the applicant Ms. P.S. Rane, APP for State Ms. Kanchan Pawar a/w Ms. Sampada Patil, Advocate for respondent No. 2 .......

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 22nd JANUARY, 2026 ORDER :

1.

Applicant seeks bail in Crime No. 374 of 2022, registered with Vishrambaugh Police Station, Dist. Sangali for the offences punishable under Sections 3, 4, 5, 6 of Immoral Traffic (Prevention) Act under Section 3 and 4 of Protection of Children From Sexual Offences Act, Section 3(a), 6(a) Passport (Entry Into India) Rules, 1950 and under Section 14 of the Foreigners Act, 1946. 2.

Prosecution case in short is that informant Sandesh is co-ordinator of Freedom Firm Pune working for rescue of victims. On 25.08.2022 he has made application to Chief Judicial Magistrate and

{2} got permission under Section 16 of the PITA Act. With the help of Rural police Sangli effected raid on 26.08.2022 at Gokulnagar and found victim P and one other woman. Victim P disclosed that one girl victim is also in lane No. 4 and then another victim T along with baby girl found, who had told about another victim and accordingly victims are found and all of them were taken into custody and sent to Bahini Nivedita Pratisthan Sangli. Victim girl T subsequently ran away from the said Sanstha. It is transpired during the enquiry that victim P is from Bangaldesh and another woman i.e. accused No. 1 Afsana also from Bangladesh and it is also transpired during the investigation that victims were brought to Sangli for doing prostitution. 3.

Heard the learned advocate for the applicant, learned APP for the State and learned advocate for the informant. Perused the record.

4.

Learned APP and learned advocate for informant strenuously opposed the application stating that offence committed by the applicant is serious and she may pressurize the victim if she is released on bail.

5.

Charge sheet indicates that applicant was not named in the first two statements of the victim and she is named in the third

{3} statement recorded on 07.03.2023. After registration of FIR on 26.08.2022, applicant came to be arrested on 09.03.2023. Investigation in the present crime is completed and charge sheet is filed on 06.05.2023 and case is numbered as Special Case No. 129 of 2023. On 18.01.2024 charge is framed, however, till date not a single witness is examined. The prosecution has cited 44 witnesses in the charge sheet.

6.

Admittedly, the victim is lodged in the facility of rescue foundation. Therefore, she is beyond the reach of applicant. The applicant has no criminal antecedents. Taking into consideration the gender of applicant and the period of incarceration, further pre-trial custodial detention of the applicant is not warranted as her right to speedy trial is violated.

7.

In the result, application is allowed.

8.

Applicant- Munni alias Janatul F.C.M.A.H. Shaikh alias Munni Jamadar be released on bail in Crime No. 374 of 2022, registered with Vishrambaugh Police Station, Dist. Sangali for the offences punishable under Sections 3, 4, 5, 6 of Immoral Traffic (Prevention) Act under Section 3 and 4 of Protection of Children From Sexual Offences Act, Section 3(a), 6(a) Passport (Entry Into India)

{4} Rules, 1950 and under Section 14 of the Foreigners Act, 1946 on executing Personal Bond of Rs. 15,000/- with one surety in the like amount.

9.

Applicant shall attend the concerned police station once in a week, on every Sunday, till conclusion of trial. 10.

Applicant shall not leave the jurisdiction of the Sessions Court without prior permission of the said Court. 11.

Applicant shall deposit her passport in the Sessions Court. Applicant shall not tamper the prosecution evidence. (NITIN B. SURYAWANSHI, J.)