( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1237 OF 2009 IN CRIMINAL APPEAL NO. 230 OF 2009 Vasant s/o Raghunath Londhe, R/o Kolhar (Kd), Tq. Rahuri, District Ahmednagar APPLICANT VERSUS The State of Maharashtra, through Sub-Divisional Officer, Shrirampur, Tq. Shrirampur, District Ahmednagar. RESPONDENT ..... Mr. V.D. Hon, advocate for the applicant. Mrs. A.V. Gondhalekar, APP for the respondent/State. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 9th October, 2009] PER COURT : 1. This is an application for bail. The applicant has been convicted by the trial Court for offences punishable under section 3 (1) and section 4 of the Immoral Traffic (Prevention) Act, 1956. He is sentenced to suffer rigorous imprisonment for seven (7) years for commission of offence punishable under section 4 of the said Act. ( 2 ) 2. Heard learned counsel and learned A.P.P. 3. The applicant (appellant) was accused No. 2 before the Sessions Court in Sessions Case No. 61/2007. The original accused No. 1 Shantabai was allegedly running a brothel at Shrirampur. She used to procure young girls for flesh-trading purpose. The original accused No. 4 – Raju is a tout. He allegedly used to supply the girls to the customers. The prosecution alleges that many a times, the young girls used to be sent to the dhaba of applicant Vasant. He used to run a dhaba called “Prasad Dhaba” at Kolar. On 30th August, 2007, punters were sent to the said dhaba (road-side motel) of the applicant. They paid Rs. 200/- to him and booked room situated in the rear portion of the dhaba. They took two (2) girls provided by original accused No. 4 Raju to the said rooms. The police raided the premises of the dhaba. The police recovered Rs. 200/- from possession of the applicant whereas an amount of Rs. 1500/- was recovered from possession of accused No. 4 Raju. The two (2) girls by name Rita and Gitoshri were ( 3 ) also then taken into custody. The investigation revealed that Rita was allured by absconding accused and was brought to Pune from West Bengal. It was also found that Gitoshri was minor at the relevant time. She was aged about 15 years. On basis of the material gathered during course of the investigation, the four (4) accused were jointly chargesheeted and tried before the learned Sessions Judge. 4. The applicant was on bail during the course of trial. It is pertinent to note that the marked currency notes were found from his possession, but allegedly he had accepted the amount for giving the rooms required by the customers for the purpose of having sexual pleasure with the prostitutes who were brought from Shrirampur. He was not the inter-middler between the customers and the girls who were procured. He was not concerned with the business of providing the girls though he was utilizing the premises as such for the flesh-trading business. It is worthy to be noted that the trial Court found him to be the person in charge of the dhaba and convicted for the reason that though it was a single ( 4 ) instance, yet, the versions of the two (2) girls i.e. Rita and Gitoshri indicated that frequently they were being reached to the said dhaba for the prostitution purpose. The question is whether the applicant was living, wholly or in part, on the earnings of the prostitution of any other person. Section 4 (1) of the Immoral Trafficking (Prevention) Act, 1956 requires that there must be proof to infer that a person is living wholly or in part on the earnings of the prostitution of any other person. The prima facie case against the applicant do not show that he was earning on the income of the prostitutes but that he was earning the money offered by the customers who were the consumers of the flesh-trade. Consequently, the material question requires to be properly addressed on basis of the evidence which is placed on record. 5. The appeal is likely to be heard after a considerable period. It would be appropriate if stringent conditions are imposed and the applicant is granted liberty during pendency of the appeal in as much as he was not directly involved in procuring of the ( 5 ) girls from outside for purpose of prostitution though he was in league with the brothel-keeper. Under the circumstances, the applicant is directed to be released on bail if he would furnish personal bond alongwith one surety bond in sum of Rs. one (1) lac. The surety must be solvent to the satisfaction of the Court of Sessions. The bonds to be furnished before the Sessions Court, Shrirampur. The applicant shall not enter limits of Ahmednagar district during pendency of the appeal and shall report his presence on each first and last day of calender month to the Police Station House Officer of City Police Station, Aurangabad, during pendency of the appeal and shall undertake to personally remain present on each day of final hearing of the appeal as and when the appeal will be scheduled for final hearing. The applicant shall not leave the State of Maharashtra without prior permission of the Court. The application is accordingly allowed. [ V.R. KINGAONKAR ] JUDGE NPJ/criapln1237.09 ( 6 )