BA 1640/2022
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MHCC020088982022
IN THE COURT OF SESSIONS FOR GREATER MUMBAI
AT MUMBAI
CRIMINAL BAIL APPLICATION NO.1640 OF 2022
(CNR NO.MHCC02-008898-2022)
IN
C.R.NO.822 OF 2022
1. Rohit Nana Pawar
Aged : 28 years, Occ. : Service,
Residing at : Room No.C/1, B.M.C.
Quarters, TATA Compound,
Near Fire Brigade, Andheri (West),
Mumbai – 400 058.
2. Rajshekhar Vaigaya Sampati
Aged : 38 years, Occu. : Service,
Residing at : D-1, Srikrupa Society,
Near N.M.M.C. Hospital, Sector-22,
Khopar Khairne, Navi Mumbai.

..Applicants
Vs.
The State of Maharashtra,
(At the instance of Worli Police Station
vide their C.R.No.822/22)
..Respondent
CORAM:H. H. THE ADDITIONAL SESSIONS JUDGE
MRS. M.M.DESHPANDE
(Court Room No.41)
DATE : 20th July 2022.
Adv. Mr. Nadar for Applicants.
APP Bhandari for State.

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ORDER
1]
This is an application filed by the applicants under Section
439 of the Code of Criminal Procedure, praying for releasing them on bail
in connection with C.R. No.822/2022 registered with Worli Police Station,
Mumbai under Section 370 (3) r/w 34 the Indian Penal Code and under
Sections 4, 5 of the Immoral Traffic (Prevention) Act, 1956.
2]
Prosecution case in short is that, the Vilas Namdeo Raut P.N.

Buckle No.061940 lodged report to Worli Police Station inter-alia
contending that, the accused persons in furtherance of their common
intention where getting the prostitution business done from the victims
and maintaining themselves on the income of the said business. On these
allegations, the report is lodged and offence punishable under section
370(3) r/w 34 the Indian Penal Code and under Sections 4, 5 of the
Immoral Traffic (Prevention) Act, 1956 came to be registered against the
accused vide crime No.822/2022.
3]
The contention of the applicants are that they are falsely
implicated in the present case. Nothing is to be recovered or discovered at
the instance of the applicants. There is no iota of evidence so as to connect
the applicants with the present crime. They are ready and willing to cooperate with the police machinery as and when called. They will not
tamper with the prosecution witnesses and will not pressurize or give any
false assurance to any of the witnesses. They ready and willing to abide by
any conditions imposed by the Court. Hence, they prayed to release them
on bail.
4]
The prosecution has opposed the application by filing say at
Exh.2 on the ground that, the statement of witnesses are yet to be
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recorded. If they are released on bail they will pressurize the prosecution
witnesses and complainant and they will flee from the court of justice.
Hence, it prayed to reject the application.
5]
Heard learned A.P.P for the State and learned counsel for the
accused. Gone through the record.
6]
In
view
of
these
facts,
following
points
arise
for
determination and findings thereon are recorded against each of them, for
the reasons stated below :
Sr.
No.

POINTS
FINDINGS
1) Whether
the accused/applicants are
entitled for bail ?
2) What order ?

Yes.
As per final order.

REASONS
Point No.1 :7]
On perusal of contents of FIR, it appears that the Vilas
Namdeo Raut Police Naik No.061940 CBCID UNIT-7 was called by his
Senior alongwith other staffs and informed that, he had received the
information that, at ‘Earth Thai Spa’, Office No.309, 3 rd Floor, Navnilam
Premises Society, Worli, Mumbai-18 as prostitution business is being run
by the accused persons from where he has rescued three victim girls. All
victim girls are major. Accused persons were arrested on 25/06/2022. The
prosecution has not prayed for further detention of the accused persons
for further investigation. The victim girls have not made any allegation
against the accused persons that they have compelled them to do
prostitution business. The apprehension of the prosecution is only that if
they are released on bail, they will pressurize the prosecution witnesses
amd will tamper the prosecution evidence and will flee from the Court of
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justice. The apprehension of the prosecution can be taken care of by
imposing certain stringent conditions.
8]
Considering these facts and considering, the circumstances of
the matter, I am of the view that it will be just and proper to allow this
application and to release the applicants on bail imposing some
conditions. Hence, the following order :ORDER
1)
Bail Application No.1640/2022 is allowed.

2)
The applicant no.1 Rohit Nana Pawar, applicant no. 2 Rajshekhar
Vaigaya Sampati be released on bail for the offence punishable under
sections 370(3) r/w 34 the Indian Penal Code and under Sections 4,
5 of the Immoral Traffic (Prevention) Act vide crime No.822/2022
registered with Worli Police Station, Pune, on P.R. Bond of
Rs.15,000/- each with one solvent surety in like amount, on the
following conditions :a)
The applicants 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 such
facts to the Court.

b)
The applicants shall not tamper with the evidence.

c)
The applicants shall remain present before the Court on each
and every date till the completion of trial.

d)
The applicants shall not leave India without permission of the
Court.

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e)
The applicants shall not commit similar type of offence in future.

f)
The applicants shall furnish his permanent address and
temporary address, if any, and his contact details to the
concerned Court.

g)
The applicants shall not change their residential address without
prior intimation to the Investigation Officer and to the
concerned Court.

h)
If the applicants disobeyed any of the above condition, the
prosecution is at liberty to move the Court for cancellation of
bail.

3]
Bail before lower Court.

4]
Criminal Bail Application no.1640/2022 stands disposed of
accordingly.
MADHURI
MILIND
DESHPANDE
20/07/2022
Date of Dictation
: 20/07/2022
Date of Transcription : 20/07/2022
Date of signature
: 20/07/2022
Digitally signed
by MADHURI
MILIND
DESHPANDE
Date: 2022.07.20
17:24:59 +0530
(Mrs. M. M. Deshpande)
Addl.Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
20/07/2022
Upload Time
Name of Stenographer
5.18 P.M.

Name of the Judge (With Court Room No.)

Mrs.S.A. Karre
HHJ Mrs. M.M.Deshpande
(CR 41)
Date of Pronouncement of JUDGEMENT
/ORDER
20/07/2022
JUDGEMENT /ORDER signed by P.O. on
20/07/2022
JUDGEMENT /ORDER uploaded on
20/07/2022