mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4036 OF 2007 Umesh V. Poojari .. Applicant versus State of Maharashtra .. Respondent ... Mr.L.R. Chari i/b Vinodkumar S. Katkar for the applicant. Mr.Rajesh More APP for the State. CORAM : D.G.KARNIK, J DATED : 14th January 2008 P.C.: 1. Heard learned counsel for the applicant and learned APP for the State. 2. The applicant has been arrested and is in custody since 13th August 2007 in connection with crime registered with Kolsewadi police station District Thane under Crime No.I-176/07 for offences 2 punishable under section 363, 366A, 376, 109 of the IPC r/w sec.4 and 5 of the IPC. So far as offence u/s.376 of the IPC is concerned admittedly the applicant has no connection with it. The section is applied against the other accused. 3. The applicant is the conductor of the lodge known as ’Vishal Lodge’. It is alleged that prostitution business was going on in the said lodge. The complainant is one of the girls who had indulged in the prostitution. She has alleged that the applicant, by receiving money, was sending various girls with the customers to the different rooms in the lodge. Statement of no girl other than the complainant has been recorded. 4. Investigation is completed and charge-sheet has been filed. Considering the present pendency of the cases in the concerned Sessions Court, trial is not likely to commence in the near future. Taking an overall view of the matter and considering the nature of the material brought on record and also considering the fact that the offence is not punishable with death or imprisonment for life but is punishable with imprisonment for 10 years or less, I am inclined to grant conditional bail to the applicant. Hence, I pass the following order:- 3 O R D E R The applicant be released on bail on personal bond of Rs.One lakh with two sureties of Rs.50,000/- each subject to the condition that (i) the applicant shall not make any contact with the complainant nor shall he make any inducement or threats to any of the prosecution witnesses and shall not tamper with the prosecution evidence and shall not permit the lodge to be used for any illegal purpose. (ii) The applicant shall also report to the concerned police station once a month between 1st and 5th of British calendar month till the disposal of the trial. (D.G. KARNIK, J)