Shrikant Janardan Garje v. State Of Maharashtra
Digitally signed by WAKLE MANOJ JANARDHAN Date:
2024.05.31 17:34:05 +0530 1 16-ABA-1491-2024.doc WAKLE MANOJ JANARDHAN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1491 OF 2024 Shrikant Janardan Garje : Applicant Vs.
The State of Maharashtra : Respondent ------------ Adv. M. Kocharekar a/w Adv. Zoheb Shaikh, for the Applicant. Adv. Sangita E. Phad, APP for the Respondent/State. Shitalkumar Kolhal API, Kolhapuri is present. ------------ CORAM :
KISHORE C. SANT, J.
DATE :
31st MAY, 2024 [VACATION COURT] P.C. :
1.
Issue notice to Respondent, returnable on 14th June, 2024. 2.
Leaned APP waives notice for Respondent/State. 3.
In the present case the offence came to be registered at Rajarampuri Police Station, Kolhapur for the offences punishable under Section 370 of the Indian Penal Code, 1860 and Sections 3, 4, 5, 6 & 7 of the Prevention of Immoral Traffic Act, 1956. In the FIR the name of the present Applicant is not mentioned. It is the allegation that in the premises belonging to this Applicant some other persons were found carrying out the illegal activities. The Applicant fairly accept that the business is run in
2 16-ABA-1491-2024.doc his name. However, he resides at Thane, Mumbai. The person who was found involved in the activities was a manager appointed by him. The ladies which were found have not stated that they were exploited by the present Applicant. He submitted that in view of Section 370 of Indian Penal Code what is the material is that there has to be an exploitation at the hands of the person against whom the allegations are levelled. He further submits that from the statement recorded in the FIR shows that there is nothing showing any role of the present Applicant. It is also not a complaint of the Police that the ladies found were exploited by anyone. The name of the applicant transpited only during the course of investigation as owner of the premises. This Court is prima facie satisfied that case is made out to grant interim protection. Hence the following order.
ORDER
(a) Till the next date of hearing, in the event of arrest of the Applicant in connection with FIR No.238 of 2024, registered with Rajarampuri Police Station, Kolhapur for the offences punishable under Section 370 of the Indian Penal Code, 1860, and Sections 3, 4, 5, 6 & 7 of the Prevention of Immoral Traffic Act, 1956, Applicant
3 16-ABA-1491-2024.doc shall be released on bail on furnishing P.R. Bond and solvent surety in the sum of Rs.15,000/-.
(b) The Applicant shall not try to influence the investigation and co-operate with the investigating officer. The Applicant not to tamper with evidence and not to try to pressurize any of the witnesses. (c) The Applicant shall attend the concerned Police Station on 2nd & 9th June, 2024 between 10.30 a.m. to 12.30 p.m. for the purpose of interrogation.
(d) The Applicant shall keep informed to concerned Police Station about his residential address, mobile number etc., and other contact details.
(KISHORE C. SANT, J.)