High Court bench allowed bail to applicants involved in an offence under Section 376 IPC reading with The Immoral Traffic Act, 1956, imposing conditions on residence and police attendance.
Bail allowed on individual furnishing of PR bond and surety of Rs.10,000 with conditions on residence and police attendance for all accused.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.2025/2009.
WITH
CRIMINAL APPLICATION NO.2022/2009.
Office notes, office Memoranda of Coram,appearances, Court’s orders
Court’s or Judge’s orders.
or directions and Registrar’s orders
Mrs.SS Jadhav, Adv. For Applicants;
Mr.KM Suryawanshi, APP for State.
CORAM: K.U.CHANDIWAL, J.
DATE :27th July, 2009.
1) Heard learned Counsel.
2)The applicant Meenabai and her
son Pradip and applicant - Madhukar s/o
Digambar Mache, have requested to
enlarge them on bail in connection with
CrimeNo.I-52/2009registeredat
Shevgaon Police Station for the offence
under Sections 376 read with 34 of IPC
and Sections, 3, 4 and 5 of The Immoral
Traffic (Prevention) Act,1956.
3)The victim, along with a minor
girl and boy, pretending them to be her
brother and sister, indicated to be
working in Dance Bar and she alleged
that she was led to prostitution. The
statements of various witnesses do
indicate that the victim indulged in
prostitution, but that by itself, at
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this stage, when the investigation is
complete, will not be requiring further
custody of the applicants/accused, who
are in custody from 30th May, 2009 (or
31st May, 2009 in case of applicant
Madhukar Digambar Mache).
4)Considering the status of the
applicants/accused Meenabai and her son
Pradipandtheapplicant/accused
Madhukar Digambar Mache to be residing
in another village, it is difficult to
digest that they will be influencing the
witnesses, whose statements are already
before the police authorities, crucial
being of the victim herself.
5)The accused have no criminal
antecedents. The running of brothel
activities by the accused, though is
indicated, but at this stage, those need
not be commented upon. The statement of
Dropadabai dated 3rd June, 2009
illustrate, the victim had been to her
for letting the room, however, she did
not reside with said Dropadabai. Taking
surveyofabovefacts,the
applicants/accused have made out a case
for bail in following terms.
6)Theaccused/applicants
-Meenabai Rupchand Muswat and her son -
Pradip Rupchand Muswat and applicant -
Madhukar s/o Digambar Mache, be released
on their individual furnishing PR bond
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and surety in the sum of Rs.10,000/-
(Rupees ten thousand) in Crime No.
I-52/2009, registered at Shevgaon Police
Station, District Beed. After the
release, the applicants in Criminal
application No. 2025/2009, i.e. Meenabai
and Pradip, shall not reside in Shevgaon
taluka. The applicant Meenabai and
Pradip shall give their changed address
of residence in any other police station
of Ahmednagar district and shall also
attend police station of changed place
on every Sunday between 10.00 a.m. to
5.00 p.m.
7)Theapplicant/accused-
Madhukar shall not coerce the witnesses;
shall not violate the terms indicated in
Section 437(3) of Cr.P.C.
8)Theapplicant/accused-
Madhukar s/o Digambar Mache will stay
either at Jamkhed or Georai and at the
same time shall attend the concerned
Police Station on every Sunday between
10.00 a.m. to 5.00 p.m.
9)Both the applications are
disposed of in above terms.
bdv/cran2025.09
1 issue framed by the court
Whether the application for enlargement on bail ought to be allowed subject to conditions.
3 provisions across 3 enactments
Meenabai Rupchand Muswat
Pradip Rupchand Muswat
Madhukar s/o Digambar Mache
State
K.U.CHANDIWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court