Hirabai Mahadeo Alias Madhav Savant vs the State of Maharashtra

By the present Bail Application filed under Section 439 of the Code of Criminal Procedure, 1973, the applicant seeks regular bail in connection with Crime Register No. 434 of 2022 registered with Vijapur Naka Police Station, District Solapur, for the offences punishable under Section 370(A)(2) of the Indian Penal Code and Sections 3, 4, 5 and 6 of the Immoral Traffic (Prevention) Act, 1956.

¶13

The prosecution case, in brief, is that upon receipt of confidential information, a raid was conducted at the premises of the present applicant, wherein certain girls were found allegedly engaged in prostitution. The applicant was present at the time of the raid.

¶14

adn

¶15

2

¶16

47-BA-5-2026.DOC

¶17

Initially, notice was issued to her directing her to attend the police station. Thereafter, she allegedly absconded for a period of about two years.

¶18

The learned Advocate for the applicant submits that the applicant is 70 years of age and has been in custody for the last two years. It is submitted that the victims are major and, as per their statements, were engaged in prostitution willingly. It is further contended that the charge has not yet been framed and the trial has not commenced. On these grounds, it is prayed that the applicant be released on bail.

¶19

The learned APP opposed the application and submitted that the statements of the victims indicate that the applicant was living on the earnings of the victims and had permitted the premises to be used for the said activities. It is contended that if released on bail, there is every likelihood of the applicant indulging in similar activities. Hence, rejection of the application is sought.

¶20

I have heard the learned Advocate for the applicant and the learned APP for the State. Upon perusal of the statements of the victims, it appears that they are major. The applicant has been in custody for a period of about two years. The charge is yet to be framed and the trial has not commenced.

adn

3

47-BA-5-2026.DOC

Considering the period of incarceration and the overall

¶25

circumstances of the case, a case for grant of bail is made out. Hence, the following order:

¶26

ORDER

¶27

i) The bail application is allowed;

¶28

ii) The applicant is directed to be released on regular bail in connection with Crime Register No. 434 of 2022 registered with Vijapur Naka Police Station, District-Solapur for the offences punishable under Sections 370 (A) (2) of the Indian Penal Code, and Sections 3, 4, 5, 6 of Immoral Traffic (Prevention) Act, 1956. , upon furnishing a P.R. bond in the sum of Rs. 25,000/- (Rupees TwentyFive Thousand only) with one or more solvent sureties in the like amount, to the satisfaction of the Trial Court.

¶29

(ii) The release of the applicant shall be subject to the following conditions:

¶30

a) The applicant shall report to Vijapur Naka Police Station on the first Monday of every month between 10:00 a.m. and 12:00 noon, until further orders.

¶31

b) The applicant shall not tamper with the prosecution evidence or attempt to influence any witness.

¶32

c) The applicant shall appear before the Trial Court on each and every date of hearing unless exempted by the Court for sufficient cause.

¶33

d) The applicant shall not leave the territorial jurisdiction of the Trial Court without prior permission.

¶34

adn

¶35

4

¶36

47-BA-5-2026.DOC