Allowed

Fairleo Sulorram Mesca v. State of Maharashtra

Bombay HC1 Mar 2024BA/3237/2023

Case brief

AI extract

What is this about?

The High Court of Judicature at Bombay allowed bail to an applicant accused of operating a massage center for prostitution. Finding no prima facie evidence that the applicant trafficked or forced victims, the court granted bail subject to standard conditions.

What did the court decide?

Applicant released on bail by furnishing a PR Bond of Rs.15,000/- with one or more sureties or cash bail for a period of 6 weeks.

Fairleo Sulorram Mesca Vs State of Maharashtra — Bail and Remand | Bombay HC (2024)

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2024:BHC-AS:9906

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Darshan Patil 9. BA 3237-23.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO.3237 OF 2023

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FAIRLEO SULORRAM MESCA ..APPLICANT VS. THE STATE OF MAHARASHTRA ..RESPONDENT

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Adv. Arjun V. Lingalod for the applicant. Mr. S.V. Walve, APP for the State.

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CORAM : M. S. KARNIK, J.

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DATE : MARCH 1, 2024.

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P.C. :

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1. Heard learned counsel for the applicant and learned APP for the State.

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2. This is an application for bail in respect of the offence

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punishable under Sections 370(1),(2),(3) and 370-A(2) of the Indian Penal Code and under Sections 3, 4, 5 and 6 of the Immoral Traffic (Prevention) Act, 1956, registered on 06/06/2023 vide C.R. No.345 of 2023 with Faujdar Chawadi Police Station, Solapur.

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3. On 05/06/2024, Police received information that

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under the garb of running a massage centre, the accused

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Darshan Patil 9. BA 3237-23.doc

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are indulging in prostitution activities. A decoy customer was, therefore, sent. In the raid, 3 victims were found with customers. The applicant is alleged to be the manager of the massage centre. As per the First Information Report, the victims were induced by one Bhimsingh Kabir Naik, the owner of the massage centre, to come to Solapur to indulge in such activities.

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4. Learned APP opposed the application.

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5. Prima facie, there is nothing on record to indicate

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that the victims were trafficked or forced by the present applicant to indulge in such activities. The applicant was working as a manager. The applicant was arrested on 06/06/2023 and is now in custody for more than 9 months. There are no criminal antecedents reported against the applicant. The investigation is complete and the chargesheet is filed. In the facts and circumstances of the present case, I am inclined to enlarge the applicant on bail. Hence, the following order :-

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O R D E R

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a. The application is allowed.

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Darshan Patil 9. BA 3237-23.doc

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b. The applicant- Fairleo Sulorram Mesca in connection with C.R. No. 345 of 2023 registered with Faujdar Chawadi Police Station shall be released on bail on his furnishing P.R. Bond of Rs.15,000/- with one or more sureties in the like amount.

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c. The applicant is permitted to furnish cash bail surety in the sum of Rs. 15,000/- for a period of 6 weeks in lieu of surety. d. The applicant shall attend the Investigating Officer of Faujdar Chawadi police station once in three months, every first Monday of the concerned month, between 11.00 a.m. and 1.00 p.m. commencing April 2024.

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e. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.

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f. On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.

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g. The applicant shall attend the trial regularly and shall not seek unnecessary adjournments

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h. The application is disposed of.

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(M. S. KARNIK, J.)

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Signed by: Darshan Patil Designation: PA To Honourable Judge Date: 01/03/2024 13:55:10

Fairleo Sulorram Mesca v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Fairleo Sulorram Mesca v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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