Mumbai, July 20, 2022 – In a ruling that considered the absence of direct allegations from victims and the progress of the investigation, the Additional Sessions Judge Mrs. M.M. Deshpande (Court Room No. 41) granted bail to Rohit Nana Pawar and Rajshekhar Vaigaya Sampati in connection with an immoral trafficking case registered at Worli Police Station (C.R. No. 822/2022). The court emphasized the lack of specific accusations from the rescued women and imposed stringent conditions to address the prosecution’s concerns.
Background of the Case:
Rohit Nana Pawar (28) from Andheri and Rajshekhar Vaigaya Sampati (38) from Navi Mumbai were arrested in connection with a case registered under Section 370(3) read with Section 34 of the Indian Penal Code (IPC) and Sections 4 and 5 of the Immoral Traffic (Prevention) Act, 1956. The prosecution alleged that the accused were running a prostitution business at “Earth Thai Spa” in Worli and had rescued three women from the premises.
Arguments Presented:
Advocate Mr. Nadar, representing the applicants, argued that his clients were falsely implicated in the case. He asserted that no recoveries were made at their instance and that there was no evidence connecting them to the alleged crime. He emphasized their willingness to cooperate with the police and abide by any conditions imposed by the court.
Additional Public Prosecutor (APP) Bhandari, representing the State, opposed the bail application. She argued that the statements of witnesses were yet to be recorded and that the accused might pressurize witnesses and flee from justice if released on bail.
Court’s Reasoning and Decision:
Judge Deshpande, after reviewing the First Information Report (FIR), noted that the police had rescued three adult women from the spa. Importantly, she highlighted that the rescued women had not made any specific allegations against the accused, stating that they were compelled into prostitution.
“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,” Judge Deshpande stated in her oral order. “The victim girls have not made any allegation against the accused persons that they have compelled them to do prostitution business.”
The court also considered that the prosecution’s primary apprehension was that the accused might influence witnesses.
“The apprehension of the prosecution can be taken care of by imposing certain stringent conditions,” the judge observed.
Consequently, the court granted bail to Rohit Nana Pawar and Rajshekhar Vaigaya Sampati, ordering their release upon furnishing a Personal Recognizance (PR) bond of Rs. 15,000 each with one solvent surety of the same amount.
The court imposed several conditions, including that the accused must not influence witnesses, tamper with evidence, leave India without permission, commit similar offenses, provide their addresses and contact details, and inform the police of any change in address.
Implications and Significance:
This ruling highlights the importance of direct allegations from victims in cases of immoral trafficking. The court’s decision underscores that mere suspicion or general allegations are not sufficient grounds for prolonged detention, especially when specific accusations from the rescued individuals are lacking.
The case also demonstrates the court’s willingness to balance the rights of the accused with the need to protect potential victims and ensure fair trials. The imposition of stringent conditions reflects the court’s effort to mitigate potential risks while upholding the principle of individual liberty.
The order was dictated, transcribed, and signed on July 20, 2022, and uploaded on the same day at 5:18 p.m.