1 Cri.Appln.No.1874/2011 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1874/2011 ( Sambhaji Sukhdeo Fatake Vs. The State of Maharashtra ) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr. SB Bhapkar, Adv. for Applicant/s; Mr. KM Suryawanshi, APP for State. *** CORAM: K.U.CHANDIWAL ,J. DATE : 3 rd May, 2011. 1) Heard. Notice, returnable forthwith, learned APP waives service for State. He has with him investigation papers, as other 12/14 applications are already disposed of and two are heard today. 2) In a raid organized by the police officer, allegedly brothel was unearthed, which was run under the garb of amusement center (Kala Kendra). The accused attributes that he is a driver and at the material time, sitting in the vehicle and was waiting for his master. The investigation reveals that he was found in room no.1, however, not indulged in indecent activities though it is indicative that there were total five persons and four ladies in the said room. 3) The accused/applicant is in custody from 1st April, 2011, no criminal record, nothing is to be recovered from him. He has no part of the illegal activities at the brothel. Even 2 Cri.Appln.No.1874/2011 if he was alleged to be indulging in sex, it will not primarily attract infraction of Prevention of Immoral Traffic Act, 1956. There is no statement of any woman that the accused/applicant was with her. The application deserves to be allowed. Hence, order. 4) The applicant/accused – Sambhaji s/o Sukhdeo Fatake, be released on his furnishing PR bond and a surety in the sum of Rs.5,000/- (Rupees five thousand). The applicant/accused shall attend the concerned Investigator, as and when called. 5) Criminal Application disposed of in above terms. (K.U.CHANDIWAL) JUDGE bdv/