1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3606 OF 2009 IN CRIMINAL APPEAL NO.154 OF 2009 Raju s/o Annarao Sutar, age: 25 years, Occ: Driver, Resident of Ward No.2, Shrirampur, Taluka Shrirampur, District Ahmednagar. Applicant Versus The State of Maharashtra Respondent Smt.S.S.Jadhav, advocate for the applicant. Shri N.H.Borade, A.P.P. for Respondent-State. CORAM: R.M.BORDE, J. DATE : 11 th November, 2009. P.C.: 1 Heard Smt.S.S.Jadhav, learned Counsel for the applicant and Shri N.H.Borade, learned A.P.P. for Respondent-State. 2 This is an application seeking bail tendered by original accused no.4, who has been convicted for offence punishable under Section 366-A of the Indian Penal Code and for offences punishable under Sections 3(1), 4 and 5 of Immoral Traffic (Prevention) Act, 1956. Accused-applicant is 2 sentenced to suffer rigorous imprisonment seven years and to pay fine of Rs. 1000/-, in default, to suffer simple imprisonment for three months each, for offences punishable under Sections 4 & 5 of the Immoral Traffic (Prevention) Act, 1956, whereas, he has been sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.1000/-, in default, to suffer simple imprisonment for three months, for offence punishable under Section 3(1) of the Immoral Traffic (Prevention) Act, 1956. He has also been sentenced to suffer rigorous imprisonment for three years and to pay fine of Rs.1000/-, in default, to suffer simple imprisonment for three months for offence punishable under Section 366-A of the Indian Penal Code. The earlier application tendered by the applicant for grant of bail, at the stage of admission of appeal, came to be rejected by this Court. However, it is prayed that the instant application, which has been tendered on second occasion, after receipt of Record and Proceedings, be considered favourably. 3 Record of the case is made available for perusal. The prosecutrix has stated in her examination-in-chief that the accused is responsible for bringing her from Turbhe to Shrirampur in a Car along with one Shantabai – original accused no.1. She has also alleged that accused- applicant used to take her in a Car to Kolhar Dhaba for the purposes of prostitution. It is also alleged that accused-applicant used to bring customers 3 and whenever she used to resist, he used to compel her to do the business of prostitution and used to beat her. These allegations made in the examination-in-chief appear to be omissions and those are brought on record during cross examination. The whole story in respect of role attributed to accused-applicant appears to be an improvement. The allegations levelled by the prosecutrix in her examination-in-chief implicating accused- applicant do not appear in her statement recorded by police. Thus, it transpires that the prosecutrix, for the first time, has disclosed the role attributable to the accused-applicant before the Court. Thus, prima facie, it appears that the whole story put up by the prosecutrix is an improved version. 4 Apart from this aspect, it is pointed out that similar allegations are made against one Londhe, (co-accused), who is directed to be released on bail. It is also stated that accused-applicant was enlarged on bail during the course of trial and was taken in custody only after pronouncement of the judgment by the trial Court. Accused-applicant never abused the liberty granted to him during continuance of trial. Taking into consideration all these aspects, I am of the considered view that case of applicant for his release on bail, during pendency of appeal, needs to be considered favourably. 5 In this view of the matter, Criminal Application No.3606 of 2009 4 is, therefore, allowed. Accused-applicant Raju s/o Annarao Sutar, convicted and sentenced by Additional Sessions Judge, Shrirampur on 18.02.2009 in Sessions Case No.61/2007, is directed to be released on bail by suspending the substantive sentence of imprisonment. Accused-applicant shall furnish bail bond of Rs.10,000/- (Rs.Ten thousand) with one surety for the like amount. Bail Before the trial Court. (R.M.BORDE) JUDGE ******* adb/criappln360609