1 1 1 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.2602 OF 2008 Sachindra Shivram Hegde .. Applicant. Vs. The State of Maharashtra .. Respondent. Mr.A.P.Mundargi, Senior Advocate with Mr.S.K.Mehta for the applicant. Mr.K.V.Saste A.P.P. for the State. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 11TH NOVEMBER, 2008. DATED : 11TH NOVEMBER, 2008. DATED : 11TH NOVEMBER, 2008. P.C.: . Heard Mr.Mundargi, learned senior counsel for the applicant and Mr.Saste, learned A.P.P. for the State. 2. The applicant is seeking bail in C.R.No.II-22/2008 of Shantinagar police station, Bhiwandi. The said crime has been registered against the applicant and three others for having allegedly committed an offence punishable under sections 3(1), 2(A), 4, 2(K), 5(1) and 7(1)(b) of the Prevention of Immoral Traffic Act. It appears that the applicant has been conducting one "Dhoom" Restaurant and bar situated at Bhiwandi, Thane. On 8th February, 2008 a raid was conducted at the said restaurant under the provisions of the 2 2 2 Immoral Traffic (Prevention) Act, 1956 by Bhiwandi Town police and Shantinagar police station. The raid was conducted after following the due procedure, as reflected in the FIR dated 9th February, 2008. Several girls were found in the said raid. Out of 16 girls produced before the court one was found to be minor and in view thereof the accused have also been charged under section 5(1) of the said Act. The minimum punishment under this section is 7 years and maximum 14 years. Keeping that in view and considering that the applicant himself was conducting the hotel business, I am not inclined to enlarge him on bail. Moreover, it is worth noting that a criminal writ petition was filed in this court which came to be disposed of by the Division Bench presided over by Smt.Ranjana Desai, J. In that writ petition vide order dated 19th March, 2008 the Division Bench presided over by J.N.Patel, J., in view of the sensitivity of the matter, had directed to transfer the further investigation, as contemplated under section 173(8) of the Code of Criminal Procedure, to the C.B.I. It appears from the judgment of the Division Bench that the police were directed to continue their efforts to trace the other missing girls including missing minor girls. In the circumstances the application is rejected. However, I 3 3 3 deem it appropriate to issue directions to the C.B.I., which has still not taken over the investigation, to take over the investigation immediately and complete the same expeditiously. 3. Learned A.P.P. to forward a copy of this order duly authenticated by the Registry of this Court to the C.B.I. within two weeks from today. (D.B.Bhosale, J.) (D.B.Bhosale, J.) (D.B.Bhosale, J.)