/ 1 / IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.177 OF 2008 IN CRIMINAL APPEAL NO.1340 OF 2007 Simla Shaila Tamang ...Applicant Vs. The State of Maharashtra ...Respondents --- Shri Sudhir C. Nalli i/b. Mahesh Patil for Applicant Shri P.A. Pol APP for State --- CORAM: V.M. KANADE J. DATED : 25TH NOVEMBER,2008 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned APP for State. 2. The Applicant is convicted for the offence punishable under section 376 r.w. 34 of the Indian Penal Code. He is also convicted for the offence punishable under sections 3 to 6 of the PITA Act and various sentences have been awarded by the Trial Court for the said offence. Maximum sentence for the offence under section 5 of the Immoral Traffic (Prevention) Act is seven years. 3. The prosecution case is that as per the complaint filed against the Applicant, the raid was conducted and the victim girl who was forced into the prostitution was rescued. It is further the case of the prosecution that one / 2 / Shaikh Babloo used to visit at brothel home and at that time, the victim girl had informed said Shaikh Babloo that she was forced into the prostitution racket by the Applicant. The said Informant Shaikh Baboo informed the Complainant PW-1 and accordingly a raid was conducted on the said brothel home and the victim was rescued. 4. The Trial Court on the basis of the evidence of the Complainant and the victim girl PW-3 and evidence of the other witnesses, has convicted the Applicant for the aforesaid offences. 5. The learned Counsel appearing on behalf of the Applicant submits that during trial, the Applicant was in jail and after he has been convicted by the Trial Court, the Applicant is in jail since 15.10.2007. He submitted that the Applicant being the lady, she may be released on bail since the appeal is not likely to come up for hearing in near future. It is submitted that the victim girl has gone back to her native place at Kolkata. 6. It is not possible to accept the submission made by the learned Counsel for the Applicant. The evidence of the victim girl and other witnesses disclosed that the Applicant was responsible for forcing the victim girl into prostitution. Hence, no case is made out for grant of bail. Application for bail is rejected. Hearing of the appeal is, however, expedited. Liberty is given to the Applicant to apply for a fixed date of hearing. If the appeal is not / 3 / heard within a reasonable period of time, liberty is given to the Applicant to apply for bail after six months. Application is disposed of. V.M. KANADE J.