1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1381 OF 2010 Mala Sukuman Lama. ..Applicant. Vs. The State of Maharashtra. ..Respondent. Mrs.Pranali Kakade for the Applicant. Mrs. A.A.Mane, APP. for the State. CORAM : R.S. MOHITE, J. DATE : 12th April, 2010 PC : 1 This is an application for grant of bail. The applicant is being tried for alleged offences punishable under Sections 344,363,366(A), 373, 373, 323, 504 read with 34 of the I.P.C. and Sections 3,4,5,6 and 7 of the PITA Act in Sessions Case No.1095/2009. The case of the prosecution is that in the raid conducted by the police on 1.10.2009 the applicant along with one other lady who is referred to as Didi were found carrying out prostitution profession within the Pune city. It 2 is alleged by the police that one minor girl by name Mansura Salim was found in the premises and since in her statement recorded and she stated that she was confined in the said building for the purpose of prostitution business. The offence committed is very serious offence punishable with life imprisonment. On perusal of the record, I find that minor girl Mansura Salim had stated that she was introduced by a person Ahaulla Shaikh to his friend at Pune and the said friend of Ahulla Shaikh had brought her to Pune. She was introduced to one lady. The present applicant had some discussion with the said lady by name Didi and the said lady informed accordingly that she has been sold and thereafter girl was produced for the profession of prostitution. The question herein is whether Mansura Salim is a minor child. However, the medical certificate indicates that she is above 16 years and below 17 years of age . There is no other documentary evidence regarding the age of the girl. That, it may be possible that she may be 3 held not to be child. Her statement also does not indicate any force was utilized by the present applicant. In the circumstance, I am inclined to grant bail to the applicant subject to stringent conditions. It is therefore, directed that pending her trial in Sessions Case No.1095/2009 in Sessions Court, Pune, the applicant may be released on bail in the sum of Rs.15,000/- with one surety in the like amount subject to the condition that before her release she will disclose her address at Pune where she intends to reside to the Jailer and will also inform the Jailer her permanent address in Nepal. On her release, she will not leave the City of Pune without the written permission of the I.O. and will not tamper the witnesses. She will report to the I.O. on every Monday between 11 a.m. and 5 p.m. till the trial is completed. Application is disposed off. ( R.S. MOHITE, J.)