IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 256 OF 2009 CRIMINAL APPLICATION NO. 256 OF 2009 CRIMINAL APPLICATION NO. 256 OF 2009 Smt.Prabha Shiva Gauda ...Applicant (Orig.Accused No.5) vs. The State of Maharashtra ...Respondent Mr.J.A. Vithlani for the Applicant. Mr.S.S. Pednekar, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : FEBRUARY 2, 2009 DATED : FEBRUARY 2, 2009 DATED : FEBRUARY 2, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. The applicant has been arrested in connection with an offence punishable under Sections 366, 368, 344, 346, 347, 348, 376, 323, 504, 506, 34 and Sections 4, 5 and 6 of the PITA Act registered at Mira Road Police Station, Thane, vide C.R.No.I-540/2008. 3. It is alleged that the complainant was sold by her maternal uncle’s wife to the present applicant who forced her to do prostitution on her behalf. FIR does not disclose the name of the applicant. No - 2 - identification parade has been held and as such, there is no material to show that the prosecutrix had identified the present applicant. The Sessions Court has incorrectly observed that the present applicant had brought the prosecutrix to Bombay and had denied bail to the applicant. The record clearly indicates that it is not the applicant but the prosecutrix maternal uncle’s wife had brought her to Bombay. Since there is no material on record at this stage which shows the involvement of the present applicant, the applicant deserves to be released on bail. 4. The applicant, therefore, be released on bail in the sum of Rs.5000/- with one or two sureties in the like amount. The applicant shall report to the concerned police station once in a month. Liberty is granted to the prosecution to apply for cancellation of bail if any additional material is found. 5. The application is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)