SHANTI LAXMAN GIRI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Section 439 of the Criminal Procedure Code, 1973 read with Section 21(4) of the Maharashtra Control of Organised Crime Act, 1999 (hereinafter referred to as "the MCOC Act") for seeking bail in FIR registered by the Yerwada Police Station bearing C.R. No. 757 of 2017 for the offences punishable under Sections 370 and 370 (A) read with Section 34 of the Indian Penal Code alongwith Sections 3 , 4 and 5 of the Immoral Traffic (Prevention) Act, 1956 (hereinafter referred to as "PITA Act") and Sections 3(1)(ii), 3(2) and 3(4) of the MCOC Act.

(2.) The first informant, Shital Dayanand Bhalekar was working as Assistant Police Inspector in the Social Security Department of the Crime Branch, Pune City. On 18th September, 2017 the first informant received an information that one person namely, Rahul @ Raju was operating a prostitution racket across various hotels in and around Pune City. Therefore, through bogus customer, the first informant and their associates planned a meeting through a telephone conversation with Rahul @ Raju for the purpose of availing his services. Accordingly, the bogus customers were sent and the first informant and her associates carried out a raid at Hotel, Hyatt at Pune. In the course of raid, the first informant and her associates found and rescued three women who represented themselves as prostitutes to the bogus customers. Subsequently, on 19th September, 2017 the Yerwada Police Station registered FIR bearing C.R. No. 757/2017 for the offences punishable under Sections 370 , 370A read with Section 34 of the Indian Penal Code alongwith Sections 3, 4 and 5 of the PITA Act.

(3.) During the ongoing investigation of Crime No. 757/2017, Lashkar Police Station, Pune on the basis of information received that another prostitution racket was being operated at a place called, Arora Towers Camp at Pune, an FIR bearing C.R. No. 238/2017 for the offences punishable under Sections 370 , 370A , 109 , 114 of the Indian Penal Code alongwith Sections 3, 4 and 5 of PITA Act came to be registered on 7th November, 2017. Upon raiding the residential premises of Ganesh Langda, investigating authorities found the present applicant alongwith four other accused persons at the residential premises and thereby they arrested him on 13th November, 2017, in connection with FIR bearing C.R. No. 238/2017.