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2023 Supreme(Bom) 1782
IN THE HIGH COURT OF BOMBAY
M.S.Karnik, J.
Pravin Borate - Appellant
Versus
State of Goa - Respondent
Criminal Application(Bail) No. 4 of 2023
Decided On : 06-03-2023
A.Agni, Advocate, J.Sawaikar, Advocate, S.G.Bhobe, Advocate
IMPORTANT POINT
Prolonged pre-trial detention without progress in the trial can be a valid ground for granting bail, especially in the absence of prior criminal conduct and when the investigation is complete.
Headnote:
BAIL - IMMORAL TRAFFIC - The court granted bail to the applicant accused under Sections 370(A)(2) of the IPC and Sections 3, 4, and 5 of the Immoral Traffic (Prevention) Act, 1956, considering the lengthy custody without trial, lack of criminal antecedents, and no misuse of liberty during hospitalization. The court emphasized the change in circumstances since the previous bail rejection and the completion of the investigation, leading to the decision to enlarge the applicant on bail with specific conditions.
Fact of the Case:
The applicant faced accusations of procuring victims for prostitution and was previously denied bail. He had been in custody for over two years without trial, and the investigation was complete.
Finding of the Court:
The court found that the applicant had no criminal antecedents, had not misused his liberty during hospitalization, and that the trial was unlikely to commence soon. The change in circumstances warranted a reconsideration of the bail application.
Issues: Whether the applicant should be granted bail considering the nature of the accusations, the duration of custody, and the lack of trial progress.
Ratio Decidendi: The court held that prolonged custody without trial, absence of prior criminal behavior, and completion of the investigation justified granting bail, despite the serious nature of the charges.
Final Decision: The court granted bail to the applicant upon furnishing a PR bond and imposed conditions regarding his conduct and communication with the trial court.
JUDGMENT/ORDER
1. Heard Ms. A. Agni, learned Senior Counsel appearing for the Applicant and Mr. S. G. Bhobe, learned Public Prosecutor appearing for the State.
2. This is a bail application. It is pointed out by the learned Senior Counsel that on the earlier occasion bail application was rejected by this Court on merits by an order dtd. 28/1/2022.
3. The applicant is facing accusation for the offence committed under Ss. 370(A) (2) of Indian Penal Code and Ss. 3, 4 and 5 of the Immoral Traffic (Prevention) Act, 1956.
4. Learned Public Prosecutor vehemently opposed the bail application and submitted that there is every likelihood of the applicant indulging in a similar offence.
5. The accusations against the applicant in brief are that he along with the accused no.2 was procuring the victims for prostitution. The applicant was making a living from the earnings of the prostitution racket in which he was indulging.
6. First Information Report reveals that the applicant was found in suspicious circumstances and was questioned by the locals. The Investigating Agency subjected him to further inquiry. It was revealed that the Applicant had procured four victims for prostitution and the same was being carried out in one hotel called "Baga Spice". Statements of the victims came to be recorded under Sec. 161 of Cr.P.C. From the statements, it is seen that the victims had approached the present applicant for a job through a common friend. Thereafter the applicant gave them the offer of prostitution, from which earnings they could earn their livelihood. The victims when before the Medical Officer changed their versions and stated that they are not indulging in prostitution and they were just sitting in the hotel. The bail application has been rejected on an earlier occasion by this Court. That was almost one year ago. There is change in circumstances.
7. The applicant was arrested on 6/11/2021 and he is now in custody for more than 2 years and four months. During this time, the applicant was admitted to a private medical hospital for undergoing an operation. This was during the period from 14/7/2022 up to 30/12/2022, on which date the applicant surrendered. There has been no progress in the trial.
8. Considering the nature of the accusations and the maximum sentence provided for the offence if proved, and considering the fact that the applicant is in custody for more than 2 years with no possibility of trial commencing and concluding any time soon, the applicant can be enlarged on bail. There is no material on record to indicate that during the period of hospitalistion, the applicant misused his liberty. The applicant surrendered on the given date. There are no criminal antecedents against the applicant. The investigation is complete and charge sheet is filed. The applicant can be enlarged on bail. Hence the following:-
ORDER
i. The applicant shall be enlarged on bail upon his furnishing a PR bond in the sum of Rs.25,000.00 with one or more surety/sureties in the like amount to the satisfaction of the Trial Court.
ii. The applicant shall furnish details of his residential address and all contact details along with his mobile number to the Trial Court as well as the Investigating Officer. The applicant shall inform about any change in residential address or contact details to the trial Court as well as the Investigating Officer.
iii. The applicant shall attend the hearing of the trial Court on all the dates fixed by the trial Court.
iv. The applicant shall not enter the area of Anjuna Police Station till the trial is over.
v. The applicant shall not indulge in similar offence, the consequence of which may entitle to State to apply for cancellation of bail.
9. The application stands disposed of in the aforesaid terms.
