1 aba421.11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (ABA) No. 421/2011 Ruksana @ Guddu Tikaram Kalkhor ..vs.. State of Maharashtra, thr. PSO PS Lakadganj, Nagpur Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. R. M. Patwardhan, Advocate for applicant. Mr. S. S. Doifode, A.P.P. for non applicant-State. CORAM : M.N. GILANI, J. DATED : DECEMBER 22, 2011. 1. Heard both sides. 2. The applicant-accused is arrayed in crime no. 3995/2011 registered with Police Station, Lakadganj, Nagpur for an offence punishable under Sections, 3, 4, 5 and 6 of the Immoral Traffic (Prevention) Act, 1956. 3. The allegations against the applicant are that she being owner had allowed her premises for being used as brothel. This is punishable under Section 3 (2) (b) of the Act. The learned A.P.P. subscribes to this factual aspect. 4. Considering the fact that the offence with which the accused has been charged is punishable under Section 3 (2) (b) of the Act, and it being bailable since maximum punishment provided is for two years, it would not be proper to exercise the discretion under section 438 of the Code of 2 aba421.11.odt Criminal Procedure. Learned Magistrate having jurisdiction is competent to entertain her bail application. The application is disposed of with liberty to approach learned Judicial Magistrate having jurisdiction to seek bail. JUDGE kahale