Single judge order granting bail to an applicant accused of being an agent in prostitution under the Immoral Traffic Act, allowing release on bond or cash security.
Accused released on bail on furnishing P.R. Bond of Rs.25,000/- with sureties or cash security for six weeks, subject to monthly reporting.
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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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 194 OF 2019
Babita @ Kajal Sahgal … Applicant V/s. The State of Maharashtra … Respondent
Mr.P.R. Dave for Applicant. Ms.J.S. Lohokare, A.P.P. for Respondent-State.
CORAM : A.S. GADKARI, J.
DATE : 15th March 2019.
P.C. :
1] This is an application under Section 439 of the Code of Criminal Procedure for bail in C.R. No. 250 of 2018 dated 12/07/2018 registered with Versova Police Station, for the offence punishable under Section 373 read with 34 of the Indian Penal Code and Section 3, 4, 5 of the Immoral Traffic (Prevention) Act, 1956.
2] Heard the learned counsel for the applicant and the learned APP. Perused the record of investigation.
3] The learned counsel for the applicant submitted that the co-
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accused, namely, Ms.Simran Darvesh, who was also acting an an agent in the vocation of prostitution along with the applicant has been granted bail by the Co-ordinate Bench of this Court by its order dated 18th February 2019 and therefore, the applicant may also be released on bail on the ground of parity.
4] Perusal of the record would indicate that the applicant and co-accused Ms.Simran Darvesh were present at the scene of offence and were indulging in the activity of agent of the victim women who were indulging into the vocation of prostitution. As the role attributed to the applicant is the same to that of Ms.Simran Darvesh, the applicant is entitled to be released on bail on the ground of parity.
5] Hence, following order :-
(ii) The Applicant shall report concerned Police Station once in a month, on first Saturday of the month between 11 a.m. to 1 p.m. till further orders.
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[A.S. GADKARI, J.]
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1 issue framed by the court
Whether the applicant is entitled to be released on bail on grounds of parity with her co-accused, who served the same role at the scene of the offence.
1 provisions across 1 enactments
Babita @ Kajal Sahgal
The State of Maharashtra
A.S. Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
