Allowed

Shankar Matu Das v. the State of Maharashtra

Bombay HC1 Oct 2014BA/1107/2014

Case brief

AI extract

What is this about?

Criminal Bail Application wherein applicant sought release on bond. Court granted bail after noting investigation failure regarding applicant's alleged role as manager in human trafficking case.

What did the court decide?

Applicant enlarged on bail of Rs. 15,000 with sureties, subject to strict conditions including addressing restrictions and undertaking not to indulge in similar activities.

Shankar Matu Das Vs the State of Maharashtra — Bail and Remand | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL BAIL APPLICATION NO.1107 OF 2014.

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Shankar Matu Das ... Applicant Vs The State of Maharashtra ... Respondent

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Ms.Anjali Patil, for the Applicant. Sr.P.I., Abhay Kurundkar, Navghar Police Station, Thane (Rural). Ms.P.P.Shinde, APP for the State.

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CORAM : REVATI MOHITE DERE, J.

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DATE : 1^st OCTOBER, 2014

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(IN CHAMBERS)

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P.C. :

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Heard learned counsel for the parties.

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At the outset, learned counsel for the applicant pointed out that

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the applicant had preferred an application seeking bail being Criminal Bail Application No.157 of 2014 in this Court. It appears that as the learned counsel for the applicant did not press for the applicant’s bail,

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his application for bail was not considered. The same is reflected in

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the order dated 18^th March, 2014, passed below Criminal Bail Application No.157 of 2014.

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Learned Counsel for the applicant contends that the statements of seven victim girls have been recorded in the said case and that all the seven victim girls have consistently stated that it was the Manager of the 'Sai Sagar Lodging and Boarding' who was responsible for luring them into prostitution.

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Learned APP has tendered on record an affidavit with regard to

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the role of the applicant and antecedents if any. The same is taken on record and marked ‘X’ for identification. The learned APP has not been able to point out that the present applicant is the 'Manager' of Sai Sagar Lodging and Boarding. There is no statement recorded by the Investigating Officer that the present applicant was the Manager of the said Sai Sagar Lodging and Boarding. To the contrary, the police while filing the charge-sheet in the particulars of the accused have shown the present applicant’s occupation as a 'Cashier'. It is

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extremely unfortunate that though the sections that have been alleged as against the applicant and others are serious offences punishable under Sections 366A, 370, 372 r/w 34 of the Indian Penal Code and under the Prevention of Immoral Trafficking Act, the investigation has not been satisfactorily conducted. No statement of any victim girl nor any document is produced to show that the present applicant was the 'Manager' responsible for them entering into prostitution. In the circumstances, the applicant is entitled to be released on bail on the following terms and conditions:-

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ORDER

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1. The applicant - Shankar Matu Das be enlarged on bail on furnishing P.R. Bond in the sum of Rs.15,000/- with one or two local solvent sureties in the like amount. The local solvent sureties to be verified by the concerned police ;

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1. The applicant shall attend the Navghar Police Station, Bhayander (East) once a fortnight i.e on 1^st and 3^rd Saturday of every month between 5.00 p.m. to 6.00 p.m., till the completion of the trial;

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1. The applicant shall not leave the jurisdiction of Mumbai City, Mumbai Suburban, Thane City and Thane Rural without the permission of the trial court ;

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1. The applicant shall furnish true and correct address of the place where he intends to reside to the Navghar Police Station, Bhayander (East), within one week of his release on bail and will keep the police apprised in case of change of the address ;

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1. The applicant shall give an undertaking in the trial court that he will not indulge in similar activities in future ;

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1. The applicant shall co-operate in the conduct of the trial and shall attend the concerned police station as and when called for by the Investigating Officer ;

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1. The applicant shall not tamper with the prosecution witnesses or any other person concerned with the case ;

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1. The applicant shall file an affidavit in the form of an undertaking, in the trial Court, with regard to the compliance of clause nos.2 to 7, within one week of his release on bail ;

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1. It is made clear that if there is breach of any of the conditions as stated above, the prosecution shall be at liberty to seek

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cancellation of Applicant's bail.

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Considering the manner in which investigation is done in the present case and considering the seriousness of the offence i.e. human trafficking which is on the rise, a copy of the said order be sent to the Additional Commissioner of Police, Thane, to enable him to take steps and ensure that investigation in cases of human trafficking is properly done.

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The application is accordingly disposed of.

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Parties to act upon the authenticated copy of the order.

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REVATI MOHITE DERE, J.

Shankar Matu Das v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Shankar Matu Das v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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