MHCC020002672024 IN THE COURT OF SESSIONS FOR GREATER BOMBAY AT MUMBAI CRIMINAL BAIL APPLICATION NO.43 OF 2024 (CNR NO.MHCC02-000267-2024) (C.R.NO.752/2023)
Smt. Sarena Chobada Mandal @ Sarena Baby Sabed Ali,
Age 45 Years, Residing at Unaba Malhed Pada, Urla North, 24 Paragnas West Bengal.
Presently at Room No.2, Near Mutton Shop’s, Galli Near Jama Masjid, Sonapur,
Bhandup-West, Mumbai. ..Applicant/Accused
V/s.
State of Maharashtra At the instance of Bhandup Police Station in C.R.No.752/2023. …Respondent
Appearance :Mr. Shahid Iqbal, Ld.Advocate for Accused. Mrs. Meera Choudhari-Bhosale and Mrs. Rajlaxmi Bhandari, Ld. Addl.P.P. for Respondent/ State. CORAM : H.H.DR.GAURI KAWDIKAR
ADDITIONAL SESSIONS JUDGE, (COURT ROOM NO. 41) DATED : 05TH FEBRUARY, 2024
ORDER
01. The application is filed by the accused under Section 439 of the Code of Criminal Procedure, 1973 in connection with C.R. No.752/2023 registered with Bhandup Police Station for the offence punishable under Sections 370(2)(3) of the Indian Penal Code, 1860 and sections 3, 4, 5, 6 and 7 of the Immoral Traffic (Prevention) Act, 1956.
02.Notice was issued to the respondent. The Investigating Officer has filed Say at Exh.2. It is adopted by the Ld. Addl.P.P.
03.Heard both the Ld. Counsels. It is the contention of the advocate of the accused that the accused does not have nexus in the commission of the offence. He categorically submitted that the accused did not keep, manage or act as an agent in keeping or management of a brothel. She never forced the victim in prostitution. He further submitted that the accused did not secure any girls for prostitution and did not receive any amount and was not living on the earnings of prostitution. He further submitted that offence punishable under sections 370(2) (3) of the Indian Penal Code, 1860 are not attracted. He further submitted that the accused is suffering from various diseases. There are no criminal antecedents against the accused. She is permanent resident of Mumbai. The accused is ready to abide by all terms and conditions imposed by the Court. He has prayed for grant of bail to the accused.
04.Per contra, Addl.P.P. submitted that the offence is serious in nature. The investigation is at a preliminary stage. If the accused is granted bail, there is possibility that she will tamper with prosecution evidence and witnesses. There is possibility that she will abscond and not remain present for trial. If the accused is granted bail, there is possibility of repetition of crime. They have prayed for
rejection of the bail application.
05.Perused the record. FIR mentions that secret information was received that in second room near mutton shop’s, Solapur, Bhandup West, Mumbai, the illegal business prostitution is being carried out. On receipt of said information, a dummy customer was sent to the said room. On 15/12/2023, the dummy customer was given the amount of Rs.1,000/- in demonization of two notes of Rs.500/- each. It is alleged that the accused showed him two girls for prostitution. Raid was put and the victims were rescued. Mobile phone of the accused is seized. Spot panchanama is drawn. Condoms were seized and seizure panchanama was drawn. Similarly, the notes of Rs.500/- each were also seized. Statement of the two victims under section 164 of the Code of Criminal Procedure, 1973 is recorded. It is pertinent to note that the victims are major and have stated that due to poverty, they were doing prostitution. The victims have not mentioned that the accused forced them into prostitution.
06.In PITA Cases, inquiry has to be done by the Magistrate under section 17 of the Act. Advocate of the accused has filed on record the copy of order passed in RA 57/2023 in C.R.No.752/2023 of Bhandup Police Station i.e. present C.R. Upon perusal of said order dated 05/01/2024 passed by the Metropolitan Magistrate, Special Court for ITPA, 54 th Court at Mazgaon, Mumbai, it is seen that it is mentioned that- They are major. I have gone through the report of Probation Officer, NGO Prakruti and Medical Officer. As
it may be, but sight could not be lost that the victims are major. During the inquiry any sort of force or coercion not detected regarding sex work done by the said victim. It is also appended that their involvement in the sex work was found to be voluntarily. Moreover, voluntary sex work is at all not illegal.
07.It is alleged that the accused was running the brothel. But when the victim herself in her statement to the Magistrate has stated that she indulged into sex work due to poverty, she is a major, medical examination of the victims is done; continued incarceration of the accused is not required.
08.Statement of the victim under section 164 of the Code of Criminal Procedure, 1973 and spot panchanama is drawn. Mobile phone, condoms, notes are seized. The accused does not have any
criminal antecedents and is permanent resident at Mumbai. Thus, there is no possibility of absconding or fleeing from justice. To facilitate investigation, the accused is directed to attend the police station. To ensure that there is no repetition of the offence, certain terms and condition can be imposed upon her. To protect the victim, the accused is directed not to contact victim directly or indirectly. For the aforesaid reasoning, it is found fit to grant bail to the accused by imposing certain terms and conditions. Hence, the order. ORDER
1.The Criminal Bail Application is allowed.
2.The accused Smt. Sarena Chobada Mandal @ Sherena Baby Sabed Ali be released on bail in Crime No.752 of 2023 registered with Bhandup Police Station for the offence punishable under Sections 370 (2) (3) of the Indian Penal Code, 1860 and sections 3, 4, 5, 6 and 7 of the Immoral Traffic
(Prevention) Act, 1956 on executing P.R. Bond of Rs.25,000/with one or more surety/sureties in like amount, on the following conditions :-
a) She shall attend Bhandup Police Station on 1 st and 3rd Saturday of every month from 10:00 a.m. to 11:00 a.m. till the filing of the charge-sheet and thereafter, on the 1 st Saturday of every month till conclusion of the trial.
b) She shall not leave the jurisdiction of Mumbai, without the leave of this Court.
c) She shall give her present address and telephone numbers to the Investigating Officer as well as to this Court.
d) If there is change in the address, she shall inform the same to the Investigating Officer as well as to this Court.
e) She shall not tamper or attempt to influence any person concerned with the case.
f) She shall co-operate in the conduct of the trial.
g) If there is breach of any of the conditions as stated above, the prosecution shall be at liberty to seek cancellation of accused’s bail.
3.Bail before the Ld. Metropolitan Magistrate’s Court.
Date:05/02/2024 Place: Mumbai (Dr. Gauri Kawdikar) Addl. Sessions Judge, City Civil & Sessions Court,
Gr. Mumbai “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED ORDER.” Upload Date Upload Time 06/02/2024 10.39 A.M. Name of the Judge (With Court Room No.) Name of Stenographer Mrs. Mrunal S. Pendkhalkar HHJ DR.GAURI KAWDIKAR (Court Room No. 41)
Date of Pronouncement of ORDER 05/02/2024 ORDER signed by P.O. on 05/02/2024
ORDER uploaded on 06/02/2024